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ANANDA SEN, SUBHASH CHAND
Singrai Tanti @ Rodeya, S/o. Late Bikram Tanti – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Ananda Sen, J.
Appellant has preferred this appeal against the Judgment of Conviction and Order of Sentence dated 19th December, 2017 and 23rd December, 2017 passed by the learned Additional Sessions Judge III, West Singhbhum at Chaibasa in Sessions Trial No.136 of 2012, arising out of Muffasil Police Station Case No.02 of 2012 (G.R. No.05 of 2012), whereby and whereunder the appellant has been convicted under Sections 302 of the Indian Penal Code and Section 27 of the Arms Act and has been sentenced to undergo imprisonment for life along with fine of Rs.5,000/-(Rupees Five Thousand) and in case of default in payment of fine to further undergo simple imprisonment for 6 months for the offence under Section 302 of the Indian Penal Code and further sentenced to undergo 7 years rigorous imprisonment along with fine of Rs.5,000/-(Rupees Five Thousand) and in case of default in payment of fine to further undergo simple imprisonment for six months for the offence under Section 27 of the Arms Act.
2. Learned counsel appearing on behalf of the appellant argues that there are
In cases of direct evidence, the presence or absence of motive is less significant, and credible eyewitness testimony can suffice to establish guilt beyond a reasonable doubt.
Under such backdrop the conviction of the appellant under section 27 of Arms Act is maintained.
In a case of circumstantial evidence, the absence of motive is not always fatal to the prosecution case.
: : (1) Absence of motive in a case depending on circumstantial evidence is a factor that weighs in favour of accused. (2) Circumstance of last seen together does not by itself and necessarily lead t....
The refusal of the accused to undergo TIP, the recovery of the weapon of offence, and the consistent testimony of eyewitnesses can establish guilt beyond reasonable doubt.
The court determined that the appellant's actions constituted culpable homicide under Section 304 Part II due to lack of intent, modifying the conviction from murder under Section 302.
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