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ANANDA SEN, GAUTAM KUMAR CHOUDHARY
Santosh Ram @ Santosh Kr. Ram son of Shiv Lal Ram – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Per Ananda Sen, J.
These appeals are directed against the judgment of conviction dated 5th February, 2016 and order of sentence dated 10th February, 2016 passed by Additional Judicial Commissioner-XII, Ranchi in Sessions Trial No. 20 of 2013, arising out of Chutia Police Station Case No.233 of 2013 corresponding to G.R. No.6186 of 2012, whereby and whereunder, the appellants have been convicted for offences under Sections 302/34 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for life and fine of Rs.10,000/- for committing the offence punishable under Sections 302 of the Indian Penal Code and in default of payment of fine, both the appellants were further sentenced to undergo rigorous imprisonment for six months.
2. Learned counsel appearing on behalf of the appellants-convicts submitted that there is no material and evidence to convict these appellants. It is their contention that there is no eye witness to the occurrence and P.W.3 and P.W.12, who claim themselves to be the eye witness, are not trustworthy. Further, it has come in evidence that while these two witnesses reached the place of occurrence, the appellants fled away by jumping bound
The court upheld the conviction of one appellant for murder based on credible eyewitness testimony and medical evidence, while acquitting the other due to insufficient evidence linking him to the cri....
The prosecution successfully proved the charge of murder against the accused beyond reasonable doubt, leading to the confirmation of the judgment and order of conviction.
The right to private defense was exceeded; intent to kill established through the brutal nature of the attack, making the appellant liable for murder under Section 302 IPC.
The judgment emphasizes the importance of eyewitness testimony, medical evidence, and the application of legal provisions in establishing guilt and justifying the conviction and sentence.
Culpable homicide may be reduced to a lesser charge of culpable homicide not amounting to murder if committed in the heat of passion during a sudden quarrel without premeditation, as per Exception 4 ....
The Court upheld the life imprisonment conviction under Section 302 IPC, affirming the case as murder due to the absence of sudden provocation and corroborative evidence supporting the eyewitness's t....
Conviction upheld under Section 304 Part-II IPC based on credible eyewitness testimony despite minor contradictions; intention to murder not established.
The court upheld the conviction under Section 304 Part-II IPC, affirming that related witnesses' testimonies are credible and sufficient for establishing direct involvement in the crime.
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