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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, RAJESH KUMAR
Ashok Mahto, son of Atbari Mahto – Appellant
Versus
Rajendra Mahto, son of Raghunath Mahto – Respondent
| Table of Content |
|---|
| 1. appeal against conviction and sentence. (Para 1 , 2) |
| 2. factual background of the case established. (Para 3 , 4 , 5 , 6) |
| 3. arguments for appeal by appellants. (Para 7 , 8 , 9) |
| 4. court's observations and witness testimonies outlined. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 5. analysis of contradictions and evidentiary standards. (Para 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49) |
| 6. legal standards for conviction clarified. (Para 50 , 51 , 52 , 53 , 54) |
| 7. final conclusion and order of the court. (Para 55 , 56 , 57 , 58 , 59) |
JUDGMENT :
Sujit Narayan Prasad, J.
1. The instant appeal under section 374(2) of the Code of Criminal Procedure is directed against judgment of conviction dated 28.11.1998 and the order of sentence dated 30.11.1998 passed by the learned 1st Addl. Sessions Judge, Godda in Sessions Trial Case No. 143 of 1997/192 of 1998 whereby and whereunder the appellants, above-named, have been convicted under sections 302/34 of the INDIAN PENAL CODE and sentenced to undergo RI for life under section 302/34 of the INDIAN PENAL CODE .
2. At the o
The conviction cannot stand if eyewitness testimony is contradictive and lacks corroboration, underscoring the necessity for reliability in criminal prosecutions.
Conviction on sole eyewitness unreliable due to contradictions in assault manner/place, house layout inconsistency, suspicious family conduct; benefit of doubt where guilt not proved beyond reasonabl....
Conviction under Section 302/34 IPC unsustainable on uncorroborated, contradictory testimony of interested sole eyewitness; benefit of reasonable doubt mandates acquittal where prosecution fails to p....
Conviction can be based on a sole eyewitness if credible, but significant inconsistencies and lack of corroborative evidence can lead to acquittal.
Conviction under IPC 302/34 upheld on reliable sole eyewitness testimony corroborated by medical evidence and witnesses, despite minor discrepancies and non-examination of investigating officer/docto....
(1) Number of witnesses – There is no legal impediment in convicting a person on sole testimony of a single witness – But if there are doubts about testimony courts will insist on corroboration.(2) M....
Conviction on sole eyewitness testimony requires reliability and ring of truth; unsustainable amid inconsistencies, improbabilities like post-alcohol escape, absent corroboration, forensics, warranti....
Conviction for murder by unlawful assembly sustainable on reliable sole eyewitness to killing, corroborated by medical evidence and abduction witnesses, despite FIR delay, witness non-examination, an....
In criminal law, the prosecution must prove guilt beyond reasonable doubt; inconsistencies and lack of direct evidence can lead to acquittal.
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