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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RONGON MUKHOPADHYAY, ARUN KUMAR RAI
Kundan Singh, S/o Atma Singh – Appellant
Versus
State of Bihar (now Jharkhand) – Respondent
| Table of Content |
|---|
| 1. details of the murder incident and witness testimonies. (Para 2) |
| 2. details of the incident and witness accounts. (Para 3 , 4 , 5) |
| 3. arguments presented by both parties. (Para 6 , 7) |
| 4. court's analysis of the evidence and arguments. (Para 8 , 9 , 10) |
| 5. conviction upheld based on evidence. (Para 11) |
| 6. final conclusion and order to surrender. (Para 12 , 13) |
JUDGMENT :
Rongon Mukhopadhyay, J.
1. Heard Mr. Mahesh Tewari, learned counsel for the appellant and Mr. Pankaj Kumar Mishra, learned A.P.P.
2. This appeal is directed against the judgment and order of conviction and sentence dated 30.06.1997 (sentence passed on 03.07.1997) passed by Sri Dhruv Dev Pandey, learned 3rd Additional Sessions Judge, Dhanbad. in S.T. No. 163/94, whereby and whereunder, the appellant has been convicted for the offence punishable under Section 302 IPC and has been sentenced to imprisonment for life.
3. The prosecution case arises out of a written report given by Prem Sah on 25.10.1992, in which it has been stated that at 10:00PM, his brother Kailash Gupta was performing Laxmi Puja in his shop when Kundan Singh (appellant) burst some crackers and inspite of requesting Kundan Singh not to indu
The court upheld the conviction under Section 302 IPC, stating that the overwhelming evidence of multiple eyewitnesses corroborated the appellant’s culpability despite minor inconsistencies in testim....
The prosecution failed to establish the identity of the assailant beyond reasonable doubt, leading to the appellant's acquittal.
The conviction for murder was overturned due to significant doubts arising from procedural delays, witness credibility issues, and insufficient evidence meeting the standard of proof beyond reasonabl....
Assault and Murder – Conviction confirmed - Sketch-map would be admissible so far as it indicates all that Sub-Inspector saw himself at the spot; but any mark put on sketch-map based on statements ma....
The court upheld the conviction for murder but commuted the death sentence to life imprisonment, emphasizing the need for extreme caution in imposing capital punishment.
The court upheld the conviction for murder, emphasizing that fear-induced delays in FIR registration and eyewitness testimony were credible despite long lapses in time.
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