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SHREE CHANDRASHEKHAR, RATNAKER BHENGRA
Khirodhar Mahto, son of Mohan Mahto – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
Shree Chandrashekhar, J.
Sewak Mahto, Sugiya Devi, Gyani Mahto and Rajendra Mahto faced the trial on the charge under sections 341/34, 323/34, 504/34, 506/34 and 307/34 of the INDIAN PENAL CODE . They have been found guilty of committing the offence under sections 341 and 323 read with section 34 of the INDIAN PENAL CODE and sentenced to SI for one month and a fine of Rs. 2,000/- each under section 341/34 of the INDIAN PENAL CODE and RI for six months and a fine of Rs. 5,000/- each under section 323/34 of the INDIAN PENAL CODE with default stipulations. The trial Judge has passed a further direction to pay the fine amount to the informant and his wife who are the victims.
2. The appellants were however acquitted of the charge under sections 307, 504 and 506/34 of the INDIAN PENAL CODE .
3. Khirodhar Mahto who is the informant of this case has filed Acquittal Appeal against the judgment of acquittal passed in S.T. No. 250 of 2017.
4. Barkagaon PS Case No. 179 of 2016 was registered on the basis of a written report given by Khirodhar Mahto to the officer-in-charge of Barkagaon police station making allegations of marpit and assault in the morning of 25th July 2016 by the a
The significance of the delay in lodging the First Information Report, the evidence of injured witnesses, and the discrepancies in the prosecution's evidence were central to the court's decision.
The court confirmed that related eyewitnesses can provide reliable testimony in murder cases when corroborated by medical evidence, emphasizing that evidence must be assessed for credibility rather t....
The prosecution must prove charges beyond reasonable doubt, and the accused are entitled to the benefit of reasonable doubt; the court found the injured witnesses' evidence credible.
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