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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sri Ananda Sen, Sri Gautam Kumar Choudhary, JJ
Tiran Mahto S/o Late Mangru Mahto – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Ananda Sen, J.
1. This criminal appeal is directed against the Judgment of conviction dated 01.03.2001 and order of sentence dated 02.03.2001 passed by the learned 3rd Addl. Sessions Judge, Chaibasa in Sessions Trial No. 27 of 1989, whereby and whereunder, the appellants having been found guilty of charge under Sections 302 /34 of INDIAN PENAL CODE and have been convicted and sentenced to undergo rigorous imprisonment for life for the offence under Section 302 /34 IPC. Further, appellant No. 11, namely Anand Mahto has also been convicted and sentences to undergo R.I. for three years under Section 324 IPC.
2. The learned counsel for the appellants had taken the defence plea of alibi to the effect that the appellant No. 1-Tiran Mahato was admitted in Chakradharpur hospital from 21.11.1987 to 23.11.1987 and submitted that the entire prosecution story is unbelievable. He further submitted that in support of the aforesaid contention two defence witnesses have also been examined and the certificate to this effect has already been issued by the Doctor A.K. Mahato, which has been marked as Ext.-A. He also submitted that O.T. Register of Chakradharpur Hospital of relevant period has
The court upheld the conviction for murder based on reliable eyewitness testimony and rejected the alibi defence due to lack of corroborative evidence.
Conviction under Section 302 upheld based on credible eyewitness testimony, despite the informant being declared hostile; demonstrates the reliability of child witnesses in criminal proceedings.
The central legal point established in the judgment is the requirement to establish the charge for the commission of an offense beyond all reasonable doubt, emphasizing the importance of credible evi....
The court distinguished between abetment and direct involvement in murder, emphasizing the reliability of injured witnesses' testimonies over others.
The main legal point established is that the prosecution must prove the accused's guilt beyond reasonable doubt, and the lack of concrete evidence can lead to the setting aside of a conviction.
The central legal point established in the judgment is the requirement for the prosecution to prove the case beyond reasonable doubt, the credibility of witness testimonies, and the importance of con....
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