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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, J., NAVNEET KUMAR, J.
Vijay Ravi Son Of Late Kishor Ram @ Kishori Ram – Appellant
Versus
The State Of Jharkhand – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments from both sides regarding witness credibility. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 3. court's analysis and reasoning on evidentiary value. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48) |
| 4. conclusion and dismissal of application. (Para 50 , 51) |
JUDGMENT :
Sujit Narayan Prasad, J.
I.A. No. 10811 of 2024:
1. The instant interlocutory application has been filed on behalf of appellant under Section 430 (1) of Bhartiya Nagarik Suraksha Sanhita, 2023 for suspension of sentence passed in connection with the judgment of conviction dated 12.09.2024 and sentence dated 13.09.2024 passed in Sessions Trial No.147 of 2023 arising out of Puso P.S. Case No. 40 of 2022 corresponding to G.R. No. 174 of 2022 by learned Additional Sessions Judge-I-cum-Special Judge, Gumla, whereby and whereunder, the appellant has been convicted for the offence under Section 302 of the I.P.C. and sentenced to undergo imprisonment for life along with fine of Rs.10,000/- and in default of payment of fine, t
The court emphasized the stringent conditions for suspension of sentence in murder cases, requiring convincing reasons and affirming the reliability of eyewitness testimony despite contradictions fro....
A fair investigation is crucial; discrepancies in witness testimonies and procedural lapses can lead to acquittal if the prosecution fails to prove guilt beyond reasonable doubt.
The main legal point established in the judgment is the necessity of summoning the General Diary in specific circumstances to establish the timing and nature of FIR registrations.
It is well settled that the prosecution must stand or fall on its own legs and it cannot derive any strength from weakness of defence. This is trite law. However, where various links in a chain are i....
The absence of motive does not impair reliable eyewitness testimony; direct evidence is sufficient for conviction.
Suspending a sentence for a serious offence like murder requires a rare demonstration of exceptional circumstances, without re-evaluating evidence during bail applications.
The court ruled that accused individuals must be provided access to prosecution materials to ensure a fair trial, prioritizing their rights under Section 230 BNSS over conflicting provisions.
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