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ANANDA SEN, GAUTAM KUMAR CHOUDHARY
Shahjahan Seikh, son of House Sk. – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Ananda Sen, J
This Criminal Appeal is preferred on behalf of the appellant being aggrieved by the judgment of conviction dated 26.03.2012 and order of sentence dated 28.03.2012, passed by learned Principal Sessions Judge, Pakur, in S.C. Case No.78 of 2010, whereby and wherein the appellant has been convicted in connection with S.C. Case No.78 of 2010, arising out of Maheshpur P.S. Case No.33 of 2010 corresponding to G.R. No.275 of 2010 for offences under Sections 341, 323, 324, 307 and 302 IPC. He was sentenced to undergo S.I. for 1 month under Section 341 IPC, R.I. for 6 months under Section 323 of the Indian Penal Code, R.I. for 2 years under Section 324 of the IPC, R.I. for 7 years under Section 307 IPC with a fine of Rs.1,000/-, and R.I. for life under Section 302 of the IPC, with fine of Rs.2,000/-.
2. Learned counsel for the appellant submits that the alleged altercation has taken place in presence of several persons but no independent witness has been produced by the prosecution. All the witnesses are related to each other, thus their testimony should be discarded. The statement of the informant is not to be believed as because the informant is the daughter of the de
The testimony of injured witnesses is highly credible, and direct evidence can establish guilt without needing to prove motive.
The court affirmed the conviction for murder and grievous hurt, emphasizing the reliability of eyewitness testimony and medical evidence in establishing guilt.
The court affirmed the conviction for murder under Section 302 and assault under Section 324, ruling that credible eyewitness testimonies and medical evidence met the burden of proof beyond reasonabl....
The testimonies of injured eye witnesses and the recovery of the weapon of offence hold special evidentiary status and can be relied upon to establish guilt.
A conviction for murder under Section 302 IPC can be upheld on the reliable testimony of a single eyewitness, corroborated by medical evidence.
Direct evidence from credible eyewitnesses is sufficient for conviction under Section 302 IPC, and motive is not essential in such cases.
The court reiterated the importance of scrutinizing testimony from interested witnesses, considering the relevance of motive in establishing guilt, and disregarding minor discrepancies in witness tes....
The testimony of a sole eyewitness, even if related to the victim, can be sufficient for conviction if credible and corroborated by medical evidence.
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