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ANANDA SEN, SUBHASH CHAND
Punit Yadav S/o Basudeo Yadav – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Ananda Sen, J.
The appellant has preferred this appeal against the Judgment of Conviction dated 6th December, 2017 and Order of Sentence dated 8th December, 2017 passed by the Additional Session Judge-IX, Palamau in Sessions Trial No.189 of 2004, whereby the appellant has been convicted for offence punishable under Sections 302/201 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for life and fine of Rs.20,000/-and in default of payment of fine to undergo further simple imprisonment of 06 (six) months for the offence under Section 302 of the Indian Penal Code and has been further sentenced to undergo rigorous imprisonment for seven years and a fine of Rs.20,000/-and in default of payment of fine to further undergo simple imprisonment of six months for the offence under Section 201 of the Indian Penal Code.
2. Learned counsel for the appellant submits that the prosecution has not been able to prove the charges against the appellant beyond all reasonable doubts. He submits that in all 9 witnesses were examined by the prosecution to prove the charges against the appellant, out of whom P.W.1, P.W.2 and P.W.3 were declared hostile, P.W.8 is a doct
The prosecution must establish a complete chain of circumstances and motive in murder cases; failure to do so warrants acquittal.
The conviction based on circumstantial evidence was overturned due to the prosecution's failure to establish a complete chain of circumstances and the unreliability of the confession.
The prosecution must prove guilt beyond reasonable doubt, and weak evidence or absence of corroboration undermines conviction in murder cases.
Sections 26 of Indian Evidence Act, 1872 reads Confession by accused while in custody of police not to be proved against him.
The prosecution must prove guilt beyond reasonable doubt; inconsistencies in witness testimonies and lack of corroborative evidence led to the appellant's acquittal.
The guilt of the accused must be proved beyond any reasonable doubt, and the accused is presumed innocent until proven guilty.
When other evidence are available, non-examination of witness is inconsequential.
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