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ANANDA SEN, SUBHASH CHAND
Wastak Ansari @ Ustak Ansari S/o Late Uddin Ansari – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
SUBHASH CHAND, J.
1. The instant Criminal Appeals have been directed on behalf of the appellants against the judgment of conviction and order of sentence dated 24.02.2018 passed by the learned District & Sessions Judge, Lohardaga in S.T. Case No. 154 of 2012 wherein the appellants were convicted for the offence under section 302/149 of the Indian Penal Code and section 3 of Prevention of Witch (Daain) Practices Act, 1999 and sentenced with imprisonment for life and a fine of Rs. 2,000/- each for the offence under section 302/149 of IPC and in default of payment of fine to further undergo RI of 2 months and further awarded punishment for one month of RI for the offence under section 3 of the Prevention of Witch (Daain) Practices Act, 1999.
2. All these five appeals have been directed against the one and same judgment, therefore, all the five appeals are being disposed of by the common judgment.
3. The brief facts leading to these criminal appeals are that the fardbeyan of informant Afsana Khatoon was recorded on 02.08.2012 at 7 O’clock with these allegations that on 02.08.2012 about 3 or 3:30 O’clock she alongwith her mother Anija Khatoon had gone to sow the paddy saplings in
The testimony of a sole eyewitness, even if related to the victim, can be sufficient for conviction if credible and corroborated by medical evidence.
The conviction can be sustained based on trustworthy testimony of a sole eyewitness, even without corroborating medical evidence, as long as the defendant's mental state is not legally established.
A conviction for murder requires reliable and corroborated evidence, particularly when based on the testimony of a sole eyewitness; contradictions and lack of corroboration can lead to the reversal o....
The testimony of injured witnesses is highly credible, and direct evidence can establish guilt without needing to prove motive.
Point of law: Every person who witnesses a murder reacts in his own way. Some are stunned, become speechless and stand rooted to the spot. Some become hysteric and start wailing. Some start shouting ....
Conviction under IPC 302/34 upheld on reliable sole eyewitness testimony corroborated by medical evidence and witnesses, despite minor discrepancies and non-examination of investigating officer/docto....
Eyewitness testimony from injured relatives is credible and can support a conviction, provided it is consistent and corroborated by medical evidence.
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