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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, RAJESH KUMAR
Karu Mian, son of late Bandhan Mian – Appellant
Versus
State of Bihar (Now Jharkhand) – Respondent
| Table of Content |
|---|
| 1. prosecution case details and fir registration. (Para 4 , 5 , 6 , 7) |
| 2. arguments against identification evidence by amicus curiae. (Para 13 , 14 , 15 , 16 , 17) |
| 3. court's consideration of evidence. (Para 18 , 19 , 20) |
| 4. court's conclusion on legal standards for conviction. (Para 37 , 72) |
| 5. final judgment and order. (Para 75 , 76 , 77) |
Order :
1. The instant appeal is directed against the Judgment of conviction dated 16.12.1998 and order of sentence dated 18.12.1998, passed by learned 5th Additional Sessions Judge, Giridih, in Sessions Trial No.263 of 1995, arising out of Birni P.S. Case No.38 of 1994 (G.R. Case No.728 of 1994) registered under Section 396 of the INDIAN PENAL CODE by which the appellant has been convicted under Section 396 of the INDIAN PENAL CODE (IPC) and has been directed to undergo rigorous imprisonment for life.
2. It needs to refer herein that although the appeal has been preferred by Mr. Shree Niwas Roy, learned counsel, but, as would be evident from the order dated 23.11.2023, Mr. Akhouri Avinash Kumar, learned counsel, has been appointed as Amicus Curiae.
Factual Matrix
3. This Court, before proceeding to examine the legality and propriety
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
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