GAUTAM KUMAR CHOUDHARY
Lakhan Mahto, son of Late Nandlal Mahto – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Per Ananda Sen, J.
This Criminal Appeal is preferred on behalf of the appellant being aggrieved by the judgment of conviction and order of sentence dated 26.08.2016 passed by Learned Sessions Judge, Dhanbad, in Sessions Trial No.34 of 2016, whereby and where under the appellant has been convicted for offences under Sections 302 and 201 IPC. He was sentenced to undergo imprisonment for life with fine of Rs.20,000/- under Section 302 IPC and further to undergo rigorous imprisonment for 07 years with fine of Rs.10,000/- for offence under Section 201 IPC.
2. Heard learned counsel for the appellant and learned A.P.P. for the State and perused the material available on record.
3. Learned counsel representing the appellant submits that the F.I.R. in the instant case is against unknown. The informant has improved the prosecution version while deposing as witness, thus, he is absolutely not a reliable witness. If at all the assailant was identified immediately after the occurrence then his name should have been disclosed in the F.I.R. This clearly suggests that this appellant has been implicated in the instant case by way of afterthought. He further argues that P.W.-4, upon whose tes
Amar Singh v. State (NCT of Delhi) reported in (2020) 19 SCC 165
A single reliable eyewitness can sustain a conviction, emphasizing the quality of evidence over quantity, even if the accused was not named in the F.I.R.
The prosecution must prove charges beyond reasonable doubt; unreliable eyewitness testimony, especially from near relatives, cannot substantiate a conviction.
The prosecution must prove guilt beyond reasonable doubt; inconsistencies in witness testimony can lead to acquittal.
The judgment establishes the principle that the testimony of a sole eyewitness, even if related to the deceased, can be relied upon if found to be wholly reliable, and the court must carefully scruti....
The prosecution must establish a complete chain of evidence beyond reasonable doubt for a conviction, especially in circumstantial cases.
Point of Law : prosecution has failed to establish the charge brought against the appellant under Section 302 of the IPC beyond reasonable doubt.
Direct evidence from credible eyewitnesses is sufficient for conviction under Section 302 IPC, and motive is not essential in such cases.
A witness's credibility must withstand scrutiny; inconsistencies in eyewitness accounts can undermine the prosecution's case to the point of reasonable doubt, leading to acquittal.
The prosecution must prove guilt beyond reasonable doubt, and reliance on a solitary witness's testimony requires it to be unimpeachable and corroborated.
The evidentiary value of hostile witnesses can support the prosecution case if found credible, notwithstanding the non-recovery of weapons or procedural lapses.
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