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RONGON MUKHOPADHYAY, AMBUJ NATH
Fulchand Sahu – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. Heard Mr. D.K. Prasad, learned lawyer appearing for the appellants and Mr. Saket Kumar, learned A.P.P.
2. This appeal is directed against the Judgment of conviction and order of sentence dated 13.08.1993, passed by Sri G.K. Verma, learned Additional Sessions Judge-II, Gumla, in connection with Sessions Trial No. 96 of 1988, arising out of Gumla P.S. Case No. 85 of 1987, corresponding to G.R. No. 295 of 1987, whereby and wherein, learned Additional Sessions Judge-II, Gumla held the appellants, guilty of the offences under Sections 302/149 and 307/149 of the Indian Penal Code and thereby sentenced them to undergo imprisonment for life for the offence under Section 302/149 of the Indian Penal Code and R.I. for 7 years for the offence under section 307/149 of the Indian Penal Code. Both the sentences were ordered to run concurrently.
3. The prosecution case was instituted on the basis of fardbeyan of the informant Etwa Oraon alleging therein that on 03.06.1987 at about 10:00 A.M., he was sowing paddy in his field when he heard the sound of beating of drums, on which he went towards the Pokhar and saw that the appellants alongwith the other accused persons were ploughing the
The central legal point established is the right of private defence of property under section 103 of the Indian Penal Code, and its application in cases of land disputes and self-defence.
The judgment establishes that a concerted attack resulting in death, supported by credible eyewitness testimony, constitutes sufficient grounds for conviction under Sections 302 and 34 IPC, regardles....
The right to private defense can be invoked in property disputes, and the prosecution must prove guilt beyond reasonable doubt, including the consideration of mutual injuries and the context of the a....
The importance of ocular testimony over medical evidence and the application of Section 34 of the IPC in proving common intention.
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