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SHREE CHANDRASHEKHAR, ANUBHA RAWAT CHOUDHARY
Ganesh Gope son of Sri Medhu Ohdar – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
1. Both the criminal appeals have been preferred against the judgment of conviction dated 13.08.2018 and the order of sentence dated 14.08.2015 passed by the learned Additional Judicial Commissioner-X/Special Judge-II, CBI, Ranchi in Sessions Trial No.924 of 2013 (arising out of Ormanjhi P.S. Case No.77 of 2013, G.R. Case No.3782 of 2013) whereby and whereunder the appellants have been convicted for the offences under sections 302/34 and 201/34 of IPC. All the appellants have been sentenced to undergo life imprisonment for the offence under section 302/34 of IPC and Rigorous Imprisonment for three years for the offence under section 201/34 of IPC and both the sentences have been directed to run concurrently.
2. The prosecution case is based on the fardbeyan of the informant, namely, Lochan Singh (PW-4 – the father of the deceased) which was recorded on 13.07.2013 at 06:45 A.M. by the Sub-Inspector of Police, namely, Yogendra Shukla (PW-5–Investigating officer of the case) of Ormanjhi Police Station at Village- Chapabar. It was
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The burden of proof lies with the prosecution, and the accused's explanation, if consistent with the facts, can lead to acquittal.
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The absence of corroborative evidence from reliable witnesses and the failure of the prosecution to establish a motive led to the overturning of the conviction based on circumstantial evidence.
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