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HIGH COURT OF JHARKHAND, RANCHI
ANANDA SEN, GAUTAM KUMAR CHOUDHARY
Ghuto Rana – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. conviction and sentence details. (Para 1 , 2 , 3) |
| 2. arguments regarding lack of eyewitness. (Para 4 , 5) |
| 3. witness testimony on eyewitness accounts. (Para 6 , 7) |
| 4. inconsistencies identified in witness statements. (Para 8 , 9 , 10) |
| 5. lack of circumstantial evidence for conviction. (Para 11) |
| 6. final decision and orders made. (Para 12) |
JUDGMENT :
(Gautam Kumar Choudhary, J.)
Appellants in both these appeals are aggrieved by the common judgment of conviction and sentence passed in Sessions Trial No. 135 of 1994 under Sections 149 , 302 and 201 of the IPC. Further, Balo Mandal was convicted and sentenced under Section 436 of the IPC.
2. Informant is the father of the deceased and as per his fardbeyan recorded on 09.06.1992, altogether eleven named accused persons came to his house on 07.06.1992 at around 10:00 O’clock and set it on fire. Informant, his wife and children including the deceased- Naresh Mandal fled away to save their life. After the incidence, Naresh Mandal could not be traced out despite frantic search and finally on 09.06.1992, he came to know that he had been killed and the dead body was thrown on the railway track. He and his family members went there a
The lack of direct evidence and conflicting witness statements necessitated the acquittal of the appellants in a murder case, highlighting the principle that circumstantial evidence alone cannot sust....
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The prosecution must prove the guilt of the accused beyond a reasonable doubt, and any reasonable doubt must result in acquittal.
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The central legal point established in the judgment is the requirement for the prosecution to establish guilt beyond reasonable doubt, and the court's duty to carefully scrutinize the evidence presen....
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