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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RONGON MUKHOPADHYAY, ARUN KUMAR RAI
Dampa Bari S/o Shri Patar Bari – Appellant
Versus
State of Bihar (Now Jharkhand) – Respondent
JUDGMENT :
R. Mukhopadhyay, J.
1. Heard Mr. Md. Rajaullah Ansari, learned counsel for the appellant and Mrs. Nehala Sharmin, learned Spl.P.P.
2. This appeal is directed against the judgment and order of conviction and sentence dated 04.02.1997 passed by Mr. Philip Topno, learned Sessions Judge, Singhbhum West at Chaibasa in S.T. No. 130 of 1995 whereby and whereunder the appellant has been convicted for the offence under section 302 IPC and has been sentenced to undergo rigorous imprisonment for life.
3. The Fardbeyan of Sune Kui was recorded on 30.11.1994 in which it has been stated that on 29.11.1994 at 7.30 P.M. the husband of the informant had come back from Mangal Hat and a trickle of blood was seen oozing out from his head. On being asked the husband of the informant had disclosed that at the Hariya shop of Loke he was having Hariya by parking his bicycle and in the meantime, somebody had taken away his bicycle which resulted in a quarrel between the husband of the informant and Dampa Bari (appellant) which aggravated to an assault between both of them. The villagers intervened and separated both the sides after which the husband of the informant started for his house along with
The court modified the conviction from murder to culpable homicide not amounting to murder under IPC, emphasizing the impulsive nature of the assault and the adequacy of the time already served as pu....
The prosecution failed to establish the appellant's guilt in the murder case due to inconsistent eyewitness testimonies and lack of corroborative evidence.
The conviction based on inconsistent eye-witness testimony was overturned, highlighting the necessity for credible evidence in criminal cases.
Evidence must be consistent and reliable to uphold a conviction; inherent improbabilities can lead to a verdict of not guilty.
The prosecution must prove the charge beyond a reasonable doubt; inconsistencies and lack of reliable witness testimony can lead to reversal of a conviction.
Conviction for murder upheld based on consistent eyewitness accounts despite concerns about the independence of witnesses, highlighting the relevance of cohesive testimonies over minor contradictions....
The court ruled the absence of premeditated intent in the assault, leading to a modification of the conviction from murder to a lesser charge under section 304 Part-II of the IPC.
The main legal point established in the judgment is the importance of specific and credible evidence in establishing the guilt of the accused, as well as the need for a holistic consideration of evid....
It is possible that passion was running very high between the parties and when the quarrel between the two appellants and the deceased as well as his wife was going on in the courtyard of the house o....
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