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SUJIT NARAYAN PRASAD, SUBHASH CHAND
Kapildeo Mandal @ Kapil Mandal @ Kapil @ Tulsi Mandal, S/o Jaglal Mandal – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Subhash Chand, J.
The instant criminal appeal is preferred on behalf of the appellants namely, Kapildeo Mandal @ Kapil Mandal @ Kapil @ Tulsi Mandal and Sanjay Paswan @ Sanju Paswan against the judgment of conviction dated 3rd April 2017 and the order of sentence dated 4th April 2017 passed by the learned Additional Sessions Judge-III, Rajmahal in Sessions Case No. 240 of 2011 whereby the accused namely, Subesh Mandal was acquitted while the accused/appellants namely, Kapildeo Mandal and Sanjay Paswan were convicted under sections 302 r/w 34, 120 (B) of the Indian Penal Code (in short, IPC) and 27 of Arms Act.
2. The brief facts of the prosecution case are that the informant (Shankar Mandal) gave the written information with the police station concerned with these allegations that on 23rd March 2011 at about 6 O' clock of evening Kapildeo Mandal @ Kapil Mandal alongwith one another young man came to his house. He had come to his house at 7 O' clock from his agricultural field. Kapildeo Mandal used to come to his house. After gossiping in the night at 10:30 pm he, Kapildeo Mandal and also his aide to whom he was addressing Sanjay Paswan all took food and he took them to Panc
The admissibility of dying declaration and the application of the last-seen theory in establishing guilt in a murder case.
The main legal point established in the judgment is the reliance on the consistency of the informant's testimony, corroboration by material particulars, and medical evidence to establish guilt beyond....
Murder – Non-examination of Doctor who conducted autopsy on dead body of deceased and who prepared post-mortem report is not fatal to case of prosecution.
Dying declarations can alone sustain a conviction if deemed reliable and made in a fit state of mind, without corroborative evidence being strictly necessary.
The dying declaration of the deceased was found to be trustworthy and reliable, leading to the appellants' conviction under Sec. 302 read with Sec. 34 of the Indian Penal Code.
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