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IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE PRADEEP KUMAR SRIVASTAVA, J
Ganesh Mondal, Son Of Late Adhir Mondal – Appellant
Versus
The State Of Jharkhand – Respondent
| Table of Content |
|---|
| 1. factual matrix of the case (Para 3 , 4 , 5 , 6 , 9) |
| 2. arguments by appellants (Para 7) |
| 3. arguments by prosecution (Para 8) |
| 4. review of witness testimonies (Para 10) |
| 5. witness testimonies and contradictions (Para 17) |
| 6. court's reasoning on evidence (Para 18) |
| 7. final decision of the court (Para 19 , 20 , 21 , 22) |
JUDGMENT :
PRADEEP KUMAR SRIVASTAVA, J.
1.Heard learned counsel for the parties.
2. The present criminal appeal is directed against the judgment of conviction and order of sentence dated 23.03.2006 passed by the learned Additional Sessions Judge-II, Jamtara in Sessions Case No. 198/2000 and Sessions Case No. 18/2004 (arising out of Jamtara P.S. Case No. 196 of 1998), whereby and whereunder the appellants have been held guilty and sentenced for the offence under Sections 147, 323, 341, 353, 333, 427, 379 / 511 of the I.P.C.
FACTUAL MATRIX
3. The factual matrix giving rise to this appeal is that one Jagat Narayan Singh, S.I. Jamtara Police Station Camp Dhandhara lodged a written report on 19.10.1998 stating inter alia that he has received telephonic information from Electrical Supply Sub- Station, Jamtara that some criminals are likely to cut and steal wire of Chi
The prosecution failed to prove the charges against the appellants beyond reasonable doubt due to material contradictions and insufficient evidence.
The court emphasized the prosecution's burden to prove its case beyond reasonable doubt, highlighting inconsistencies and the absence of independent corroboration in witness testimonies.
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.
Prosecution must establish guilt beyond reasonable doubt; contradictions in testimonies undermine the case.
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