Back
RONGON MUKHOPADHYAY, DEEPAK ROSHAN
Mangra Munda, S/o. Sukhair Munda – Appellant
Versus
State of Bihar (now Jharkhand) – Respondent
JUDGMENT :
Rongon Mukhopadhyay, J.
1. Heard Mr. Arpan Mishra, learned amicus curiae for the appellant and Mr. Vishwanath Roy, learned Special P.P.
2. This appeal is directed against the judgment and order of conviction and sentence dated 07.04.1995 (sentence passed on 10.04.1995) passed by Shri Balgovind Prasad, learned Additional Judicial Commissioner-III in S.T. No. 346 of 1991, whereby and whereunder, the appellants have been convicted for the offence punishable u/s 302/149 of the Indian Penal Code and have been sentenced to undergo imprisonment for life.
3. During the pendency of this appeal, appellant no. 3 Budhua Munda, appellant no. 5 Lotha Munda, appellant no. 6 Loknath Lohar, appellant no. 7 Sukhu Munda, appellant no. 8 Hauwa Munda and appellant no. 11 Binod Barla have died and accordingly this appeal has abated so far as those appellants are concerned. This appeal is therefore restricted to appellant no. 1 Mangra Munda, appellant No. 2 Tukkuna Munda, appellant no. 4 Jago Munda, appellant no. 9 Charkha Munda, appellant no. 10 Jogi Munda, appellant no. 12 Sainika Munda and appellant no. 13 Johan Munda and their names accordingly find place in the cause title of this judgment.
4.
Point of Law : Offence of Murder - Conviction set aside - Benefit of doubt - Evidence of witnesses do not energise prosecution case and falsity of allegations levelled against appellants lie threadba....
Conviction for murder upheld based on consistent eyewitness accounts despite concerns about the independence of witnesses, highlighting the relevance of cohesive testimonies over minor contradictions....
The necessity of corroborative evidence in cases of murder and the interpretation of common object under Section 149 IPC, emphasizing that mere presence at the scene does not equate to participation ....
[The judgment establishes that in criminal cases, particularly those involving serious charges like murder, the prosecution must prove its case beyond a reasonable doubt, and any significant doubts r....
The court ruled the absence of premeditated intent in the assault, leading to a modification of the conviction from murder to a lesser charge under section 304 Part-II of the IPC.
A conviction for murder requires reliable and corroborated evidence, particularly when based on the testimony of a sole eyewitness; contradictions and lack of corroboration can lead to the reversal o....
Direct ocular evidence can establish guilt beyond reasonable doubt, making motive irrelevant in murder cases.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
