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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RONGON MUKHOPADHYAY, ARUN KUMAR RAI
Bijay Lal @ Guddu s/o Nageshwar Prasad – Appellant
Versus
State of Bihar (now Jharkhand) – Respondent
JUDGMENT :
R. Mukhopadhyay, J.
1. Heard Ms. Kavita Kumari, learned counsel for the appellant and Mr. Sardhu Mahto, learned A.P.P. for the State.
2. This appeal is directed against the judgment and order of conviction and sentence dated 15.09.1997 (sentence passed on 16.09.1997) passed by Sri G. K. Verma, learned 2nd Additional Sessions Judge, Jamshedpur in S. T. No. 96 of 1994 whereby and whereunder the appellant has been convicted for the offences punishable under Sections 302 /34, 452/34 and 342/34 of I.P.C. and has been sentenced to rigorous imprisonment for life for the offence under Section 302 /34 of I.P.C., rigorous imprisonment for 5 years for the offence under Section 452 /34 I.P.C. and rigorous imprisonment for 1 year for the offence under Section 354 /34 I.P.C. All the sentences were directed to run concurrently.
3. The prosecution case arises out of the fard beyan of Anu Kumari @ Anuradha Kumari recorded on 24.07.1992 in which it has been stated that about a month back the informant had come to the quarter of her maternal uncle – Ram Bharosa Singh and Sukhnandan Singh and was taking care of the children of Ram Bharosa Singh. It has been stated that on the orders of Ram Bha
Eyewitness testimony, even with contradictions, can substantiate murder convictions when corroborated by forensic evidence showing the brutal nature of the crime.
The conviction based on inconsistent eye-witness testimony was overturned, highlighting the necessity for credible evidence in criminal cases.
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....
Circumstantial evidence must be corroborated with direct proof; a case with hostile witnesses and lack of motive cannot sustain a conviction for murder.
The conviction cannot be sustained due to significant contradictions in eyewitness testimony, undermining the prosecution's burden of proving guilt beyond reasonable doubt.
Conviction cannot stand when significant doubts arise due to contradictory testimonies and acquittal of co-accused on similar evidence, emphasizing the principle of parity in criminal proceedings.
Conviction under Section 302 upheld based on credible eyewitness testimony, despite the informant being declared hostile; demonstrates the reliability of child witnesses in criminal proceedings.
The court emphasized the prosecution's burden to prove its case beyond reasonable doubt, highlighting inconsistencies and the absence of independent corroboration in witness testimonies.
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