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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RONGON MUKHOPADHYAY, ARUN KUMAR RAI
Madho Mahto, S/o Nunai Mahto – Appellant
Versus
State of Bihar (now Jharkhand) – Respondent
JUDGMENT :
Rongon Mukhopadhyay, J. :
1. Heard Mr. Ravi Prakash, learned amicus curiae for the appellants and Mr. Satish Prasad, learned A.P.P.
2. This appeal is directed against the judgment and order of conviction and sentence dated 25-09-1997 (sentence passed on 26-09-1997) passed by Sri Ghanshyam Prasad, learned Sessions Judge, Deoghar in Sessions Case No. 233/1995, whereby and whereunder, the appellants Madho Mahto, Ramdeo Mahto and Bhairo Mahto have been convicted for the offence punishable under Section 302 IPC , while the appellants Kamdeo Mahto, Nirmal Mahto and Parsuram Mahto have been convicted for the offence under /149 and the appellant Nirmal Mahto has further been convicted under Section 323 . The appellants Madho Mahto, Ramdeo Mahto and Bhairo Mahto have been sentenced to undergo imprisonment for life under and the appellants Kamdeo Mahto, Nirmal Mahto and Parsuram Mahto have also been sentenced to rigorous imprisonment for life under /149 . No separate sentence has been passed for the conviction under . They have also been directed to pay a fine of Rs. 2,000/- each.
3. The appellants Ramdeo Mahto and Kamdeo Mahto have died during the pendency of this appeal a
The court held that convictions must be supported by credible evidence, highlighting issues in witness identification and procedural failings that undermine the prosecution.
The court overturned the convictions due to insufficient evidence, particularly doubts regarding witness identification and procedural irregularities in the prosecution's case.
A conviction based solely on unreliable eyewitness testimony can be overturned, particularly when witness behavior raises doubts about the authenticity of their accounts.
Conviction for murder upheld based on consistent eyewitness accounts despite concerns about the independence of witnesses, highlighting the relevance of cohesive testimonies over minor contradictions....
The credibility of dying declarations is critical; absence of medical certification on the informant's consciousness undermines their admissibility, impacting the prosecution's burden of proof.
Eyewitness testimony must be consistent and corroborated; convictions cannot rely solely on the testimony of closely related witnesses without independent verification.
Circumstantial evidence must be compelling and corroborated; mere last seen and body recovery insufficient for murder conviction without eyewitnesses or definitive proof.
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