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RATNAKER BHENGRA, AMBUJ NATH
Lal Lohra S/o Late Byar Lohar – Appellant
Versus
State of Bihar (Now Jharkhand) – Respondent
JUDGMENT :
1. Ms. Kumari Rashmi, the learned APP has filed counter-affidavit bringing the facts on record that the appellant No. 1 Lal Lohra and appellant No. 3 Jago Lohra have died.
2. Accordingly, this appeal stands abated as far as appellant No. 1 Lal Lohra and appellant No. 3 Jago Lohra are concerned.
3. Heard Mr. A.K. Sahani, the learned counsel for the remaining appellants and Ms. Kumari Rashmi, the learned APP on behalf of the State.
4. The appellants have filed this appeal against the judgment dated 30th January 1999 passed by Mr. Ravindra Nath Verma, Additional Judicial Commissioner-II, Khunti in connection with Sessions Trial No. 284 of 1994, corresponding to GR No. 740 of 1993, arising out of Arki PS Case No. 49 of 1993 holding the appellants guilty of the offence under section 302/34 of the INDIAN PENAL CODE and thereby sentencing them to undergo imprisonment for life.
5. The prosecution case was instituted on the basis of fardbeyan of the informant Dani Swansi alleging therein that on the date of occurrence at about 02:15 p.m. he was going with Sobraj Singh Munda to the village Jenadih to collect Tono. When they reached near the house of Lal Lohra, they found the appellan
The burden of proof rests on the prosecution to establish each appellant's complicity in murder beyond a reasonable doubt; mere presence is insufficient for conviction.
The credibility of eyewitness testimonies, especially from witnesses with a relationship to the deceased, and the appreciation of evidence considering the socio-economic and educational background of....
Direct ocular evidence can establish guilt beyond reasonable doubt, making motive irrelevant in murder cases.
The main legal point established in the judgment is the admissibility and reliability of dying declarations, the relevance of corroborative evidence, and the application of section 34 of the Indian P....
Culpable homicide may be reduced to a lesser charge of culpable homicide not amounting to murder if committed in the heat of passion during a sudden quarrel without premeditation, as per Exception 4 ....
The central legal point established in the judgment is the requirement for the prosecution to prove the case against the accused beyond all reasonable doubts, emphasizing the importance of reliable e....
The main legal point established in the judgment is the application of Section 34 of the Indian Penal Code and Exception 4 to Section 300, which determine liability for criminal acts done in furthera....
Eyewitness testimony must be consistent and corroborated; convictions cannot rely solely on the testimony of closely related witnesses without independent verification.
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