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IN THE HIGH COURT OF JHARKHAND AT RANCHI
PRADEEP KUMAR SRIVASTAVA
Sukar Manjhi @ Sukra Manjhi S/o Badri Manjhi – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. conviction and incident details. (Para 2 , 3 , 4 , 5 , 6) |
| 2. appellants' contention against conviction. (Para 7) |
| 3. state's response to defense arguments. (Para 8) |
| 4. court's analysis of evidence. (Para 9 , 10) |
| 5. legal standards under ipc section 436. (Para 11 , 12) |
| 6. court finds serious illegality in conviction. (Para 13) |
| 7. conclusion and order of appeal. (Para 14 , 15 , 16) |
JUDGMENT :
PRADEEP KUMAR SRIVASTAVA, J.
1. I have already heard the arguments advanced by Mrs. Chandana Kumari, learned counsel for the appellants as well as Mr. Rajesh Kumar and Mrs. Nehala Sharmin, learned Addl. P.P. and Spl. P.P. appearing for the State.
2. This instant criminal appeal is directed against the judgment and order of conviction and sentence dated 14/16.08.2007 passed by learned 1st Additional Sessions Judge, Dumka in S.T. No.195 of 2006 whereby and whereunder, the appellants have been held guilty for the offence under Section 436 of the INDIAN PENAL CODE and sentenced to undergo R.I. for seven years.
3. The factual matrix giving rise to this appeal is that on 22.01.2006 at about 07:00 a.m., Sanchan Manjhi and Sukar Manjhi were allegedly imbedding pole on the land of their nephew (
The conviction under Section 436 of the IPC was set aside due to insufficient evidence proving the intent and dwelling status of the property at issue.
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The conviction for arson was overturned due to inconsistencies in witness testimonies, granting the appellant the benefit of doubt.
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