IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, RAJESH KUMAR
Latif Nadaf, son of Late Badde Nadaf – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. abatement of appeals due to death of appellants. (Para 1 , 2 , 3) |
| 2. facts establishing appellant's convictions and the necessitated appeal. (Para 4) |
| 3. prosecution case initiation details, defining the charges framed. (Para 5 , 6 , 7 , 8 , 9 , 10) |
| 4. presentation of evidence and testimonies of witnesses during trial. (Para 11 , 12) |
| 5. arguments presented in defense against the conviction. (Para 13 , 14 , 15 , 16 , 17) |
| 6. analysis of witness testimonies and their discrepancies. (Para 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32) |
| 7. evaluation of prosecution evidence against the appellants. (Para 54 , 55) |
| 8. court's analysis on evidence credibility and doubt. (Para 60 , 75) |
| 9. legal principles concerning contradictions in testimonies and their effects. (Para 64 , 65 , 66 , 67 , 68) |
| 10. prosecutorial burden of proof and benefit of doubt principles. (Para 70 , 71 , 72 , 73) |
| 11. final judgment outcome leading to acquittal. (Para 82 , 83 , 84) |
JUDGMENT :
Sujit Narayan Prasad, J.
1. Before proceeding further, it would be apt to mention herein that out of the ten convicts, as per the impugned judgment, eight appellants preferred Cr. Appeal (DB) No. 3 of 1
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The prosecution must prove guilt beyond reasonable doubt; significant discrepancies and contradictions in witness testimonies preclude a conviction.
Conviction under Section 302 cannot rest on sole eyewitness testimony riddled with contradictions, delay in naming accused, medical inconsistencies, and unnatural conduct; prosecution must prove guil....
The prosecution must prove the accused's guilt beyond a reasonable doubt, and significant discrepancies in eyewitness accounts can undermine the reliability of their testimonies.
Murder – Exaggerated devotion to rule of benefit of doubt must not nurture fanciful doubts letting guilty escape is not doing justice, according to law.
A conviction cannot stand when there are significant contradictions between ocular and medical evidence, raising doubts about the prosecution's case.
Conviction for mass murder under 302/149 IPC set aside due to unreliable, contradictory ocular evidence from related witnesses; doubtful night identification, improbable presence/story; benefit of do....
When evidence of eye-witnesses are not trust worthy to believe, then motive place an important role to prove guilt of accused.
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