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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANANDA SEN, GAUTAM KUMAR CHOUDHARY
Birendra Bhuian @ Putu Bhuian S/o Late Ram Nath Bhuian – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. criminal appeal filed against conviction and sentence. (Para 1) |
| 2. dispute over authenticity of eye-witnesses. (Para 2 , 3) |
| 3. prosecution case based on eyewitness accounts. (Para 4 , 6 , 8) |
| 4. medical evidence supports the cause of death. (Para 5 , 7) |
| 5. court confirmed evidence of eyewitnesses and upheld conviction. (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 6. appeal dismissed, trial court's judgment affirmed. (Para 16 , 17 , 18) |
JUDGMENT :
ANANDA SEN, J.
1. This Criminal Appeal is preferred on behalf of the appellant being aggrieved by the judgment of conviction dated 18.09.2014 and order of sentence dated 20.09.2014, passed by learned Additional Sessions Judge-II, Garhwa, in Sessions Trial No.32 of 2011, arising out of Dhurki P.S. Case No.46 of 2010, whereby and wherein the appellant has been convicted for offence alleged to have been committed under Section 302 IPC. He was sentenced to undergo Life Imprisonment with fine of Rs.5,000/- and in default of payment of fine amount, further to undergo Simple Imprisonment for three months.
2. Learned counsel representing the appellant submitted that from injuries it would be clear that the manner in which the occurrence had taken
The court affirmed the conviction for murder based on credible eyewitness testimony and consistent medical evidence, establishing the appellant’s guilt under Section 302 IPC.
A conviction for murder under Section 302 IPC can be upheld on the reliable testimony of a single eyewitness, corroborated by medical evidence.
Direct evidence from credible eyewitnesses is sufficient for conviction under Section 302 IPC, and motive is not essential in such cases.
The prosecution must prove guilt beyond reasonable doubt; inconsistencies in witness testimonies and lack of corroborative evidence led to the appellant's acquittal.
Evidence must be consistent and reliable to uphold a conviction; inherent improbabilities can lead to a verdict of not guilty.
The prosecution failed to prove guilt beyond reasonable doubt due to significant inconsistencies in eyewitness testimony and medical evidence.
Conviction requires reliable evidence; inconsistent eyewitness testimony undermines the case, leading to acquittal.
Conviction requires credible evidence beyond reasonable doubt; untrustworthy eyewitness testimony cannot sustain a murder conviction.
The testimony of injured witnesses is highly credible, and direct evidence can establish guilt without needing to prove motive.
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