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2024 Supreme(Jhk) 1025

IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANANDA SEN, GAUTAM KUMAR CHOUDHARY
Sonaram Marandi, son of late Rajmashi Marandi – Appellant
Versus
State of Jharkhand – Respondent


Advocate Appeared:
For the Appellant :Mr. Rajeeva Sharma, Sr. Advocate, M/s Rita Kumari and Neetu Singh and Om Prakash, Advocates.
For the Respondent: Mr. Pankaj Kumar Mishra, A.P.P.

Table of Content
1. conviction based on circumstantial evidence requires definitive proof of guilt. (Para 1 , 2 , 3)
2. witness credibility and absence of direct evidence impacts case outcome. (Para 4 , 10 , 12)
3. confessions must be scrutinized for voluntariness and trustworthiness. (Para 5 , 8 , 13)
4. medical evidence must corroborate claims made about the manner of death. (Para 6 , 14 , 16)
5. insufficient proof and lack of substantial evidence warrants acquittal. (Para 11 , 18 , 20)

JUDGMENT :

Ananda Sen, J.

This appeal is directed against the judgment of conviction and order of sentence dated 10.07.2017 passed by Sri Om Prakash Pandey No. 1, the learned Principal Sessions Judge, Pakur in Sessions Case No. 01 of 2014, arising out of Littipara P.S. Case No. 91/2013, whereby and whereunder, the appellant has been punished to undergo rigorous imprisonment for life and fine of Rs.1,00,000/- for committing the offence punishable under Section 302 of the INDIAN PENAL CODE .

2. Learned senior counsel appearing on behalf of the appellant- convict submitted that the witnesses have not supported the case of the prosecution, thus the impugned judgment is not sustainable in eyes of law. He furt

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