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IN THE HIGH COURT OF JHARKHAND
MR. JUSTICE RONGON MUKHOPADHYAY, MR. JUSTICE ARUN KUMAR RAI, JJ
Abbas Ansari @ Seniar Hussain, S/o Late Nago Mian – Appellant
Versus
State of Bihar (now Jharkhand) – Respondent
JUDGMENT :
Rongon Mukhopadhyay, J.
1. Heard Mr. Prabhat Kumar Singh, learned amicus curie for the appellant and Mrs. Vandana Bharti, learned A.P.P.
2. This appeal is directed against the judgment and order of conviction and sentence dated 15-04-1998 (sentence passed on 16- 04-1998) passed by Sri Nirmalendu Kumar Kanth Niraj, learned 1st Additional Sessions Judge, Giridih in S.T. No. 215 of 1996/75 of 1996 whereby and whereunder, the appellant has been convicted for the offence punishable under Section 302 IPC and has been sentenced to imprisonment for life.
3. The fardbeyan of Ahmed Hussain was recorded on 12-01-1996 in which it has been stated that the brother of the informant, namely, Mohammad Hussain alias Hardali worked as a labour in Katras and on 11-01-1996 at 9:00AM, he had left for Katras on a vehicle from Pardag. Today, i.e., on 12-01-1996 at 12:00 noon, the informant came to know from the villagers that in the bank of Jamunia river situated at a distance of 2 kilometers from the village, a dead body is lying and a crowd has assembled there. At this information, the informant, Razaque Ansari, Miajan Mian alias Asgar and others reached Jamunia river at Simarbeda where the infor
Circumstantial evidence must be strong and corroborative to establish guilt beyond reasonable doubt; mere confession under duress is insufficient for conviction.
Circumstantial evidence alone is insufficient for a conviction if it lacks corroboration and is based on coerced statements.
Eyewitness testimony must be consistent and corroborated; convictions cannot rely solely on the testimony of closely related witnesses without independent verification.
Point of Law : Offence of Murder - Circumstantial evidence - Prosecution is required not only to prove circumstances but also to complete chain of circumstances on basis of which guilt of accused can....
Value of evidence as to confession depends on reliability of witness who gives evidence.
It is a settled legal proposition that conviction of a person accused of committing an offence, is generally based solely on evidence that is either oral or documentary, but in exceptional circumstan....
Point of Law : Offence of Murder – Conviction set aside – Circumstantial Evidence – Chain of circumstances does not show link to each other.
(1) Section 34 IPC and 115 IPC would not go hand in hand.(2) Evidence is raw material which Judge or Adjudicator uses to reach a finding of fact – Courts can record order of conviction even in a case....
Provisions of Section 106 of Evidence Act itself are unambiguous and categoric in laying down that when any fact is especially within knowledge of a person, burden of proving that fact is upon him.
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