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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, RAJESH KUMAR
Mrityunjay Tripathy – Appellant
Versus
State of Bihar (Now Jharkhand) – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
1. At the outset, it needs to refer herein that the appeal against the appellant no.1-Ram Chandra Tripathy (since dead), was abated, vide order dated 13.08.2024.
2. The instant appeal filed under Section 374 (2) of the Code of Criminal Procedure, 1973 is directed against the judgment of conviction dated 27.01.1998 and order of sentence dated 28.01.1998 passed by the learned 1st Addl. Sessions Judge, East Singhbhum at Jamshedpur in Sessions Trial No.83 of 1989, whereby and whereunder, the appellants have been convicted for the offence punishable under Sections 302 read with Section 34 of the Indian Penal Code and sentenced to undergo R.I. for life for the offence under section 302 of the Indian Penal Code and further, sentenced to undergo R.I. for one year for the offence punishable under Section 323 read with of the Indian Penal Code. Both the sentences were directed to run concurrently.
Prosecution case
3. This Court, before proceeding to examine the legality and propriety of the judgment of conviction and order of sentence, deems it fit and proper to refer the background of prosecution case, as per the fardbeyan of the deceased Purno Chandra Tr
The court modified convictions from murder to culpable homicide not amounting to murder, emphasizing the need for established common intention among accused, reflecting principles of reasonable doubt....
Advocates appeared :For the Appellant : Rinkesh Goyal For the Respondent : Ajeet Singh Bhadoriya, Rajeev Upadhyay
Advocates appeared :For the Appellant : Ashok Kumar Jain For the Respondent : R. K. Awasthi
The court affirmed the conviction for murder under Section 302 IPC, highlighting that the accused acted with sufficient intent, despite claims of provocation, based on consistent eyewitness testimoni....
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