ANANDA SEN, SUBHASH CHAND
Narayan Hembram @ Naran Hembram, son of Ram Hembram – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Subhash Chand, J.
Criminal Appeal (DB) No. 168 of 2015 has been directed on behalf of the appellant Narayan Hembram @ Naran Hembram against the judgment of conviction dated 12.10.2012 wherein the appellant Narayan Hembram @ Naran Hembram was convicted for the offence under section 302 of the Indian Penal Code and sentenced with imprisonment for life and a fine of Rs. 5,000/-.
2. Criminal Appeal (SJ) No. 78 of 2013 has been directed on behalf of the appellant Sunil Hambram @ Sunil Hembram against the judgment of conviction dated 12.10.2012 wherein the appellant was convicted for the offence under section 324 of the Indian Penal Code and sentenced with rigorous imprisonment of three years.
3. Both these appeals have been directed against one and same case crime, therefore, both are decided by this common judgment.
4. The brief facts of the prosecution case leading to these Criminal Appeals are that the fardbeyan of the informant Kanahailal Hembram was recorded on 23.10.2005 at 10:30 in night at the Primary Health Centre in which the allegations are made that his uncle Supai Hembram had cut the tree of Neem, Choula and Haat standing on his own land. His uncle and the inform
[The court established that in cases of sudden quarrel without premeditation, the appropriate charge may be modified from murder to culpable homicide not amounting to murder, emphasizing the importan....
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 judgment established the importance of proving common intention and individual culpability in cases of collective criminal actions, emphasizing the need for evidence of pre-arranged concert and i....
The court established that intent to kill can be inferred from the nature and severity of injuries inflicted, and direct eyewitness testimony, when corroborated by medical evidence, is sufficient to ....
The court modified convictions from murder to culpable homicide not amounting to murder, emphasizing the accused's intent to inflict grievous injury rather than to kill.
The court upheld the conviction under Section 324 IPC based on consistent eyewitness accounts, while acquitting one appellant due to evidence of his absence during the incident.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.