Back
IN THE HIGH COURT OF JHARKHAND
MR. JUSTICE RONGON MUKHOPADHYAY, MR. JUSTICE ARUN KUMAR RAI, JJ
Kailash Yadav, S/o Sahdeo Yadav – Appellant
Versus
State of Bihar (now Jharkhand) – Respondent
JUDGMENT :
Rongon Mukhopadhyay, J.
1. Heard Mr. Ranjan Kumar Singh, learned counsel for the appellant and Mrs. Kumari Rashmi, learned A.P.P.
2. This appeal is directed against the judgment and order of conviction and sentence dated 23-03-1999 (sentence passed on 26- 03-1999) passed by Sri Mungeshwar Sahoo, learned 1st Additional Sessions Judge, Godda in Sessions Case No. 219 of 1998 by 153 of 1998 whereby and whereunder, the appellant has been convicted for the offence punishable under Section 302 IPC and has been sentenced to undergo rigorous imprisonment for life.
3. The prosecution case arises out of the fardbeyan of Fulki Devi recorded on 30.04.1996 in which it has been stated that it was around 8:00 A.M. and she had put her two-month-old sleeping child in the cot. Her husband Kailash Yadav(appellant) had asked her to bring water from the village. The informant had accordingly gone to the village and brought water and after her husband drank water, he left for the village for selling milk. It has been alleged that when the informant came near the child Chaita Yadav, she found foam coming out from the mouth of her child. The informant tried to feed milk to her child but there was n
The prosecution must establish guilt beyond reasonable doubt; mere suspicion or hostility of the informant undermines the conviction.
A conviction under the IPC cannot be upheld without concrete evidence linking the appellant to the crime, and a judgment must not rely on mere suspicion.
The court emphasized the necessity for corroborative evidence in sustaining a criminal conviction, highlighting the unreliability of witness statements and inconsistencies therein.
The prosecution must prove guilt beyond a reasonable doubt; lack of evidence led to the appellant's acquittal.
The court reiterated that in criminal law, especially for dowry death under Section 304B, the prosecution must establish evidence beyond reasonable doubt, and reliance on surmises cannot sustain a co....
Conviction for murder upheld based on consistent eyewitness accounts despite concerns about the independence of witnesses, highlighting the relevance of cohesive testimonies over minor contradictions....
Murder conviction on circumstantial evidence requires complete unbroken chain excluding innocence; absent proof of foundational facts like last seen together and court direction, appellants entitled ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
