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ANANDA SEN, SUBHASH CHAND
Rajiv Singh Munda – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Subhash Chand, J.
The appellants have preferred this appeal against the judgment of conviction dated 20.02.2014 and order of sentence dated 24.02.2014 passed by the learned Additional Judicial Commissioner, Ranchi in Sessions Trial No. 752 of 2011/753 of 2011, whereby the appellants have been convicted for offence punishable under section 148 of the Indian Penal Code and have been sentenced to undergo RI for three years and for the offence under Section 302/149 of the Indian Penal Code the appellants have been sentenced to undergo rigorous imprisonment for life and a fine of Rs.20,000/- each and in default of payment of fine to further undergo simple imprisonment of six months and also for the offence under section 201/149 of the Indian Penal Code, the appellants have been sentenced for three years imprisonment and fine of Rs.5,000/- each and in default of payment of fine, they will also suffer simple imprisonment for three months.
2. The brief facts leading to this criminal appeal are that on 14th May, 2011 the informant namely, Kishnu Mahto had given the written information with the police station concerned Silli (Ranchi), with these allegations that on 14th May, 2011, he
The prosecution failed to prove the case beyond reasonable doubt, leading to the reversal of the conviction.
Prosecution has failed to prove charges levelled against accused persons under Sections 302/34, 201 IPC and Section 25 of Arms Act by any reliable, cogent and independent evidence to hilt beyond reas....
Conviction based solely on testimonies of related witnesses is unsafe without independent corroboration, as evidenced by inconsistencies and lack of physical evidence.
Conviction for mass murder under 302/149 IPC set aside due to unreliable, contradictory ocular evidence from related witnesses; doubtful night identification, improbable presence/story; benefit of do....
Point of Law : A wife, who has seen an assailant giving fatal blows with a stick to her husband, would name the assailant to all present and to the police at an earliest opportunity.
The acquittal of the accused was based on the prosecution's failure to prove the case beyond a reasonable doubt amidst significant inconsistencies in eyewitness testimonies.
A conviction for murder can be established on the basis of a credible solitary eyewitness, while absence of direct involvement leads to acquittal of another accused.
The court affirmed the conviction for murder based on consistent eyewitness testimony and corroborative medical evidence, establishing guilt beyond reasonable doubt.
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