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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, RAJESH KUMAR
Ganesh Ram, son of late Sukhlal Ram – Appellant
Versus
State of Bihar (now Jharkhand) – Respondent
JUDGMENT :
Sujit Narayan Prasad, A.C.J.
1. Since both these appeals are arising out of the same trial being Sessions Trial No.509 of 1996 and, as such, both are taken together.
2. These appeals under section 374(2) of the Code of Criminal Procedure are directed against the judgment of conviction dated 27.01.1998 and the order of sentence dated 28.01.1998 passed by the learned 2nd Addl. Sessions Judge, Palamu, Daltonganj in Sessions Trial No. 509 of 1996 whereby and whereunder the appellants, above-named, have been convicted under sections 148, 302/149 of the INDIAN PENAL CODE and sentenced to undergo RI for two years for the offence under section 148 of the INDIAN PENAL CODE and imprisonment for life under section 302/149 of the INDIAN PENAL CODE and all the sentences shall run concurrently.
3. At the outset, it needs to mention here that in Criminal Appeal No. 45 of 1998 (R) out of four, only two appellants, namely, Ganesh Ram and Bhola Ram are alive and the rest two appellants had died during pendency of the appeal. Vide orders dated 16.12.2024 and 04.04.2025 passed in the present proceeding, Criminal Appeal No. 45 of 1998 (R) qua the appellants, namely, Ram Sundar Ram and Gata
In criminal law, the prosecution must prove guilt beyond reasonable doubt; inconsistencies and lack of direct evidence can lead to acquittal.
The court upheld the conviction under IPC Section 302, emphasizing that circumstantial evidence must form a complete chain, proving guilt beyond reasonable doubt without the accused providing an adeq....
The conviction cannot stand if eyewitness testimony is contradictive and lacks corroboration, underscoring the necessity for reliability in criminal prosecutions.
In circumstantial evidence cases without eyewitnesses, conviction unsustainable if chain incomplete due to hostile seizure witnesses, recovery contradictions, and improper reliance on s.161 CrPC stat....
The main legal point established in the judgment is the application of the 'last seen together theory' and the reliance on circumstantial evidence, medical evidence, and recovery evidence to establis....
In criminal cases, convictions must be based on evidence establishing guilt beyond a reasonable doubt; general allegations without specific evidence against accused do not suffice.
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