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ANANDA SEN, SRI SUBHASH CHAND
Ramjee Hembrom – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Per Subhash Chand, J.:
Heard learned counsel for the appellants and learned counsel for the State.
2. The instant criminal appeal is preferred on behalf of the appellants against the impugned Judgment of conviction dated 1st June, 2015 and Order of sentence dated 10th June, 2015 passed by the Sessions Judge, Godda in Sessions Trial No.290 of 2012, whereby, the appellants have been convicted for the offence under Sections 302/34 and 201/34 of the Indian Penal Code and sentenced to undergo imprisonment for life for the offence under Section 302/34 of the I.P.C. and one year rigorous imprisonment for the offence under Section 201/34 of the I.P.C. along with fine of Rs.5,000/- each and in default of payment of fine, the appellants were directed to undergo simple imprisonment for three months. Both the sentences were directed to run concurrently.
3. The brief facts giving rise to this criminal appeal are that the informant—Priya Tudu had given the written information with the police station concerned with these allegations that the informant wife of Binod Hembram resides along with her mother-in-law Most. Marangmai Soren, Bhaisur—Raj Kumar Hembram and sister-in-law Bhiru Tudu. It
Eyewitness testimony must be consistent and corroborated; convictions cannot rely solely on the testimony of closely related witnesses without independent verification.
Unreliable eyewitness testimony cannot support a conviction, leading to the reversal of a murder conviction based on insufficient evidence.
Conviction for murder under Section 302 established through credible eyewitness testimony and medical evidence, despite minor inconsistencies and investigation delays.
The main legal point established in the judgment is the application of Section 34 of the Indian Penal Code to establish the shared common intention of the accused in committing the murder.
The main legal point established in the judgment is that the testimony of witnesses, even if related to the deceased, should not be automatically discarded, and minor discrepancies in the evidence sh....
Interested evidence is not necessarily unreliable and should be scrutinized with care but cannot be rejected merely on the ground of being partisan. Minor discrepancies and contradictions should not ....
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....
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