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IN THE HIGH COURT OF JHARKHAND
PRADEEP KUMAR SRIVASTAVA
Munshi Tudu, son of Manju Tudu – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Pradeep Kumar Srivastava, J.
Heard learned counsel for appellants Ms. Neharika Majumdar as well as learned Additional Public Prosecutor appearing for the State Mr. Arup Kumar Dey.
2. Present appeal is directed against the judgment and order of conviction and sentence dated 04.02.2008 passed by learned Sessions Judge, Sahebganj in Sessions Trial Case No. 60/06 for the offence under Section 304 (Part I) of the I.P.C. and under Section 4 of the Prevention of Witch (Daain) Act, 1999 whereby and whereunder the appellant has been held guilty and sentenced to undergo R.I. of seven years and further sentence to undergo six months R.I. for the offence under Section 4 Prevention of Witchcraft (Daain) Act, 1999. Both the sentences have been directed to run concurrently.
FACTUAL MATRIX
3. Factual matrix giving rise to this appeal is that on 11.04.2005 at about 07:00 PM Congress Tudu (informant) along with his wife Marang Kuru Basuki was going to the house of Hopan Murmu and as they reached near the house of Munshi Tudu (appellant), then the appellant armed with an axe started abusing to informant’s wife by calling her as Daain (Witch) who has played black magic on accused’s wife due to w
The prosecution must prove guilt beyond a reasonable doubt; significant discrepancies in evidence warranted the appellant's acquittal.
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....
A conviction for murder requires reliable and corroborated evidence, particularly when based on the testimony of a sole eyewitness; contradictions and lack of corroboration can lead to the reversal o....
Circumstantial evidence can establish guilt beyond reasonable doubt in murder cases, provided it is compelling and supported by admissible evidence.
The prosecution must prove the guilt of the accused beyond a reasonable doubt, and any significant doubt arising from inconsistencies in evidence must benefit the accused.
A conviction cannot be based solely on the testimony of a solitary witness unless it meets the highest standard of reliability and is free from major contradictions.
Eyewitness testimony must be consistent and corroborated; convictions cannot rely solely on the testimony of closely related witnesses without independent verification.
Conviction under Section 302 upheld based on credible eyewitness testimony, despite the informant being declared hostile; demonstrates the reliability of child witnesses in criminal proceedings.
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