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IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE PRADEEP KUMAR SRIVASTAVA, J
Ram Sahay Yadav @ Ram Sahay Mahto, Son of Prasadi Yadav – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. factual matrix of the case (Para 3 , 4 , 5) |
| 2. arguments by the appellant's counsel (Para 6 , 7 , 8 , 9 , 10) |
| 3. court's review of evidence (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 4. final decision of the court (Para 27 , 28 , 29 , 30 , 31) |
JUDGMENT :
1.Heard learned counsel for the parties.
FACTUAL MATRIX
4. On the basis of aforesaid information, FIR being Jayanagar P.S. Case No. 30 of 1999 for the offence under Section 302/34 of the I.P.C. was instituted against the above-named accused persons. After completion of investigation, the police submitted charge sheet against the accused persons for the offence under Sections 302, 328, 498A of the I.P.C.
6. Learned counsel for the appellant has vehemently argued that the appellant happens to be brother-in-law of the deceased. Admittedly, the marriage was solemnized about 8-10 years prior to the incident. It is admitted case of the prosecution that the deceased was murdered by administering poison. It is further submitted that the Viscera was sent to FSL Ranchi for chemical examination which was not available during trial of the case and has not been proved. The Doctor, who conduct
Conviction under Section 306 I.P.C. cannot be treated as a minor offence in relation to Section 302 I.P.C.; prosecution failed to prove cause of death or allegations of cruelty.
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 ....
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 upheld the conviction for murder based on circumstantial evidence, establishing the accused's guilt through a combination of testimonies, confessional statements, and lack of viable alterna....
The conviction under Section 302 IPC was upheld due to compelling circumstantial evidence linking the appellant to the murder, ruling that suspicion alone is insufficient without definitive proof of ....
In dowry death cases, prosecution must prove unnatural death within seven years of marriage with cruelty/harassment soon before by husband/relatives linked to dowry demand to raise rebuttable presump....
To convict under Section 306 IPC, clear evidence of instigation or direct acts leading to suicide must be established, which was absent in this case.
The prosecution failed to prove the charges of murder and dowry death beyond reasonable doubt, leading to acquittal under Sections 302 and 498-A of IPC.
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