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RONGON MUKHOPADHYAY, PRADEEP KUMAR SRIVASTAVA
Pankaj Kumar Sahu, Son of Sri Ganesh Sahu – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Per R. Mukhopadhyay, J.
1. Heard Mr. Vikash Kumar, learned counsel appearing for the appellant, Mrs. Priya Shrestha, learned Spl. P.P and Mr. Awanish Shekhar, learned counsel appearing for the informant.
2. This Appeal is directed against the judgment and order of conviction and sentence dated 10.08.2018 passed by Shri Swarn Shankar Prasad, learned Additional Judicial Commissioner VII cum special Judge, CBI (AHD) cum Special Court (CAW), Ranchi in ST No. 339/2017, whereby and whereunder the appellant has been convicted for the offence under section 307 IPC and has been sentenced to rigorous imprisonment for 10 years along with a fine of Rs. 50,000/- and in default in payment of fine, to undergo simple imprisonment for one year.
3. The prosecution case arises out of the Fardbeyan of Shivbrat Sahu on 31.12.2016 wherein it has been stated that on the same day at 4:30 pm he was in his shop Krishi Kendra at Pithoria, when Pankaj Kumar Sahu (appellant) and Nitesh Gope came on an Apache motorcycle and after parking the motorcycle in front of a shop, entered inside and Pankaj Kumar Sahu had fired at the informant and the bullet struck his left thigh. The informant had placed one han
The court emphasized the necessity of reliable witness testimony and corroborative evidence in criminal cases, particularly where previous enmity exists, leading to the appellant's acquittal.
The prosecution failed to establish the identity of the assailant beyond reasonable doubt, leading to the appellant's acquittal.
The prosecution must establish its case beyond reasonable doubt, and reliance on uncorroborated witness testimony, especially from related parties, is insufficient for conviction.
Credible eyewitness testimony can substantiate charges in criminal cases, regardless of the absence of motive, provided it instills confidence in the court.
Attempt to murder – Intention to kill must be apparent from act of accused.
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