Back
ANANDA SEN, GAUTAM KUMAR CHOUDHARY
Ratan Horo, S/o. Late Paulus Horo – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Ananda Sen, J.
We have heard the learned counsel appearing for the appellant and the learned counsel for the State at length.
2. This Criminal Appeal arises out of the judgment of conviction dated 25.07.2006 and order of sentence dated 28.07.2006 passed in Sessions Trial No. 471 of 1986 whereby and whereunder learned 1st Additional Judicial Commissioner, Khunti convicted the appellant under Sections 452/302/120B of the Indian Penal Code and sentenced him to undergo RI for life under Sections 302/120B of the Indian Penal Code and RI for 7 years under Section 452 of the IPC.
3. The learned counsel for the appellant submits that there are no materials to convict this appellant in this case. It has been submitted that the entire occurrence had taken place at the dead of night and admittedly there was no source of light in which one could identify this appellant. So far as the identification is concerned PW3 could not be believed as the said PW3 during investigation did not narrate before the investigating officer that he had identified this appellant in the light of torch when the occurrence had taken place. There is no other witness who had seen this appellant committing the of
The testimonies of injured witnesses are given greater weight in establishing guilt, as affirmed by the Supreme Court.
The testimony of injured witnesses is highly credible, and direct evidence can establish guilt without needing to prove motive.
A conviction for murder under Section 302 IPC can be upheld on the reliable testimony of a single eyewitness, corroborated by medical evidence.
In criminal cases, lack of medical evidence and reasonable doubt necessitate acquittal on serious charges, while lesser charges may still stand.
Direct evidence from credible eyewitnesses is sufficient for conviction under Section 302 IPC, and motive is not essential in such cases.
A conviction cannot be upheld if the prosecution fails to establish the identity of the accused beyond a reasonable doubt, compounded by unreliable testimonies and contradictory medical evidence.
Point of Law : Any outsider or stranger committing a crime of murder, in which event, identification of assailant becomes very critical and crucial but in light of evidences as brought on record, ide....
Point of law: Offence of Murder – Chain of circumstances proved – Common intention – Conviction justified.
Court overturned murder conviction citing doubts about witness credibility, lack of corroborating evidence, and reliance on confession without independent corroboration.
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
