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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, NAVNEET KUMAR
Gopal Bagti Son of Late Manga Ram Bagti – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
1. The instant appeals are directed Judgment of conviction dated 03.04.2006 and order of sentence dated 04.04.2006, passed by learned Additional Sessions Judge, Fast Track Court-I, Chaibasa, in Sessions Trial No.227 of 2004 arising out of Bandgaon P.S. Case No.14 of 2004 (G.R. Case No.131 of 2004) registered under Section 3 02 of the INDIAN PENAL CODE and under Sections 3 /4/5/6 of the Prevention of Witch (DAAIN) Practices Act for committing murder of Soma @ Nathu Ram Munda and his wife Bangi Mundarin by which the appellant has been convicted under Section 3 02 of the INDIAN PENAL CODE (IPC) and have been directed to undergo imprisonment for life for the offence under Section 3 02 IPC.
Factual Matrix
2. This Court, before proceeding to examine the legality and propriety of the judgment of conviction and order of sentence, deems it fit and proper to refer the background of institution of prosecution case. The prosecution story in brief as per the allegation made in the First Information Report reads hereunder as :-
3. According to the fardbeyan of the informant Jawani Mundarin daughter of Soma Nathu Ram Munda on the preceding night (14.6.04) after t
Conviction can be upheld based on the reliable testimony of a sole eyewitness, irrespective of the presence of corroborating evidence or independent witnesses, as long as the evidence is credible.
Conviction under Section 302/34 IPC unsustainable on uncorroborated, contradictory testimony of interested sole eyewitness; benefit of reasonable doubt mandates acquittal where prosecution fails to p....
Conviction under IPC 302/34 upheld on reliable sole eyewitness testimony corroborated by medical evidence and witnesses, despite minor discrepancies and non-examination of investigating officer/docto....
The conviction based on the testimony of a sole injured eyewitness is valid if the testimony is credible and minor discrepancies do not overshadow the overall evidence supporting the charges of murde....
Conviction can be based on a sole eyewitness if credible, but significant inconsistencies and lack of corroborative evidence can lead to acquittal.
(1) Number of witnesses – There is no legal impediment in convicting a person on sole testimony of a single witness – But if there are doubts about testimony courts will insist on corroboration.(2) M....
Conviction for murder by unlawful assembly sustainable on reliable sole eyewitness to killing, corroborated by medical evidence and abduction witnesses, despite FIR delay, witness non-examination, an....
Conviction on sole eyewitness testimony requires reliability and ring of truth; unsustainable amid inconsistencies, improbabilities like post-alcohol escape, absent corroboration, forensics, warranti....
Conviction on sole eyewitness unreliable due to contradictions in assault manner/place, house layout inconsistency, suspicious family conduct; benefit of doubt where guilt not proved beyond reasonabl....
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