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ANANDA SEN, SUBHASH CHAND
Lalit Kujur S/o Late Gauriya Kujur @ Godiya Kujur – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANANDA SEN, J.
I.A. No. 1796 of 2024
1. Today this case has been listed for consideration of I.A. No. 1796/2024, preferred on behalf of the appellant, praying therein for suspending the sentences awarded to the appellant and to release him on bail in terms of Section 389(1) Cr.P.C.
2. Learned counsel for the appellant argued at length by referring to evidence of all the witnesses and exhibits, as the Trial Court Record is already available.
3. Learned A.P.P. has also argued at length referring to the evidences and the exhibits and other documents.
4. Considering the nature and length of arguments advanced by learned counsel for the parties, and the fact that the Trial Court Record is already available and this Appeal stood already admitted, this Court requested the parties to finally argue the entire appeal on merits.
5. Counsel for both the parties agreed and argued the entire appeal, challenging the impugned judgment.
6. Thus, when we have already heard the entire appeal on merits, we are not passing any order in this Interlocutory Application and the same is being disposed of as not pressed.
Criminal Appeal (D.B.) No. 1269 of 2022
1. This Criminal Appeal is directed against the
The absence of corroborating evidence and contradictions in witness testimony create reasonable doubt, necessitating acquittal in a murder conviction.
The prosecution must establish guilt beyond reasonable doubt, and unreliable eyewitness testimony cannot support a conviction.
The court established that sudden provocation can reduce a murder charge to manslaughter, particularly in domestic disputes.
(1) Murder, attempt to murder and rioting – When genesis and manner of incident itself are doubtful, benefit of doubt should always be in favour of accused.(2) Appreciation of evidence – While apprec....
The main legal point established in the judgment is the requirement of proving guilt beyond reasonable doubt in criminal cases, and the importance of credible and consistent witness testimonies.
The prosecution must establish guilt beyond reasonable doubt, and the accused bears the burden of proof for facts within their knowledge.
The judgment underscores the principle that a conviction cannot be based solely on the testimony of a single witness unless it is wholly reliable and corroborated by other evidence.
The court affirmed the conviction for murder, emphasizing the consistency of eyewitness accounts as reliable evidence supporting the charges under Sections 302 and 9(b) of the Indian Penal Code.
Conviction can be sustained based on the sole testimony of a credible witness, irrespective of other witnesses turning hostile.
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