Back
ANANDA SEN, SUBHASH CHAND
Murlidhar Munda – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Per Ananda Sen, J. Appellant has preferred this appeal against the Judgment of Conviction dated 28th November, 2015 and Order of Sentence dated 3rd December, 2015 passed by the learned Additional Judicial Commissioner-V, Ranchi in Sessions Trial No.314 of 2012 arising out of Silli Police Station Case No.06 of 2012 corresponding to G.R. No.224 of 2012, whereby and whereunder the appellants have been convicted under Sections 302/34 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for life and a fine of Rs.10,000/- each and in default of payment of fine to undergo simple imprisonment for six months.
2. The F.I.R. is at the instance of P.W.-8 Ganesh Munda. In the fardbeyan which was recorded on 15.01.2012 at 9.30 hours, he states that on 15.01.2012 Mahesh Munda his brother and cousin Veer Singh Munda were in the barn (khaliyan) and was tying paddy which was stored there. Thereafter the deceased left the barn with the ox to make them drink water. When he went outside the barn, Bansidhar Munda son of Late Bopa Munda armed with “tabla” (sharp cutting weapon like chopper) chased the deceased Veer Singh Munda from behind. The brother of Bansidhar Mun
Direct ocular evidence can establish guilt beyond reasonable doubt, making motive irrelevant in murder cases.
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.
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 court affirmed the conviction for murder under Section 302 and assault under Section 324, ruling that credible eyewitness testimonies and medical evidence met the burden of proof beyond reasonabl....
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....
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....
The conviction under Section 307 IPC was overturned due to lack of intention to cause death, while convictions under Sections 323, 324, and 341 IPC were upheld.
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....
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
