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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 :
PRADEEP KUMAR SRIVASTAVA, J.
1.Heard learned counsel for the parties.
2. Present criminal appeal is directed against the judgment of conviction and order of sentence dated 29.03.2006 passed by learned Additional Sessions Judge, FTC, Koderma in S.T. No. 539(A) of 1999, whereby and whereunder the appellant has been held guilty for the offence under Section 328, 498A and 306 of the I.P.C. and sentenced to undergo R.I. for 05 years for the offence under Section 306 I.P.C. along with fine of Rs. 1,000/-, R.I. of 03 years along with fine of Rs. 5,00/- for the offence under Section 498A I.P.C. and R.I. for 5 years along with fine of Rs. 5,00/- for the offence under Section 328 of the I.P.C. with default stipulation. All the sentences were directed to run concurrently.
FACTUAL MATRIX
3. The factual matrix giving rise to this appeal is that informant’s daughter Dewanti Devi was married bef
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....
Sole accused cannot be convicted on same evidence where co-accused acquitted unless clinching proof of individual guilt; unreliable eyewitness testimony with enmity, non-disclosure, and suspicious co....
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....
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