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PRADEEP KUMAR SRIVASTAVA
Tapan Mandal, Son of Vidhan Chandra Pradhan @ Bidhan Chandra Mandal – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard learned counsel for the parties.
2. Both the criminal revisions are directed against the judgment dated 01.04.2015 passed by learned Additional Sessions Judge-II, Seraikella in Criminal Appeal No. 132 of 2012, whereby and whereunder the appellate court has dismissed the appeal filed by the petitioners and thereby affirmed the judgment of conviction and order of sentence dated 09.10.2012 passed by learned Sub Divisional Judicial Magistrate, Seraikella in G.R. No. 97 of 2010 (T.R. No. 376 of 2012), whereby the trial court has held the petitioners guilty and convicted for the offence punishable under Section 273 of the I.P.C. and Section 47(a) of the Excise Act and sentenced to undergo R.I. for six months for the offence under Section 273 of the I.P.C. and further sentenced to undergo R.I. for three years with fine of Rs. 5,000/- under Section 47(a) of the Excise Act with default stipulation.
3. The factual matrix giving rise to this revision is that upon confidential information received by police regarding nuisance being committed near the licencee foreign liquor shop of Tapan Mandal (petitioner in Cr. Revision No. 594/2015), the informant along with other police perso
The prosecution must prove the guilt of the accused beyond reasonable doubt; insufficient evidence leads to acquittal.
The testimony of official witnesses can be the sole basis for conviction if it is reliable and consistent, even in the absence of independent witnesses.
Conviction for illicit liquor possession cannot be based solely on non-chemical tests; lack of adequate evidence warrants acquittal.
The prosecution must prove the seizure and the nature of the seized material beyond all reasonable doubt, and the accused's statement under Section 313 of the Code of Criminal Procedure is not suffic....
The court upheld that convictions can rely on official witness testimony even without independent corroboration if the evidence is credible, and absence of chemical analysis report does not invalidat....
The prosecution must establish its case beyond reasonable doubt, adhering to statutory requirements; failure to do so results in acquittal.
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