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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RONGON MUKHOPADHYAY, ARUN KUMAR RAI, JJ
Nirmal Bhuiyan S/o Late Mathni Bhuiyan – Appellant
Versus
State of Bihar (Now Jharkhand) – Respondent
JUDGMENT :
Rongon Mukhopadhyay, J.
1. Heard Mr. Shekhar Siddharth, learned counsel for the appellants and Mr. Manoj Kumar Mishra, learned A.P.P. for the State.
2. This appeal is directed against the judgment and order of conviction and sentence dated 27.06.1998 (sentence passed on 30.06.1998) passed by Sri Dilkeshwar Pandey, learned 2nd Additional Sessions Judge, Chatra in S.T. No. 55 of 1996 / 15 of 1997, whereby and whereunder, the appellants have been convicted for the offence punishable u/s 302/34 of the INDIAN PENAL CODE and have been sentenced to undergo R.I. for life.
3. The prosecution case arises out of the fardbeyan of Sugia Devi recorded on 29.07.1995, in which, it has been stated that the son of the informant namely, Rambriksh Bhuiyan had left his house on Monday by saying that he is going to Sherghati for working as a labour and he assured the informant that he will return on Wednesday. When the son of the informant did not return on Wednesday, the informant, on Thursday went in search of her son and in village Noniapali she had met Lachhu Kurmi who disclosed that the son of the informant was in Ghagri Bazar on Wednesday and he had returned home along with co-villagers N
Conviction based solely on circumstantial evidence and the last seen theory requires corroboration, especially when relationships indicate possible alibi or innocence.
Circumstantial evidence and confessions without corroboration cannot sustain a murder conviction due to the necessity of proving guilt beyond reasonable doubt.
The prosecution must prove guilt beyond a reasonable doubt, and mere suspicion cannot replace substantive proof.
The necessity for corroborative evidence in criminal cases is paramount; uncorroborated witness testimonies are insufficient for conviction.
The prosecution failed to prove the appellant's guilt beyond a reasonable doubt due to unreliable witness testimonies and insufficient circumstantial evidence.
The central legal point established in the judgment is the requirement for the prosecution to prove guilt beyond reasonable doubt, emphasizing the importance of reliable and consistent evidence.
Circumstantial evidence must be strong and corroborative to establish guilt beyond reasonable doubt; mere confession under duress is insufficient for conviction.
The court emphasized that conviction requires reliable, corroborative evidence, and inconsistencies in witness testimony led to the reversal of the conviction.
The court emphasized the necessity for corroborative evidence in sustaining a criminal conviction, highlighting the unreliability of witness statements and inconsistencies therein.
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