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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH KUMAR
Mani Lal Bhagat, S/o Maheshwar Bhagat – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. appeal follows death of two appellants. (Para 1 , 2) |
| 2. conviction for serious offenses detailed. (Para 3) |
| 3. f.i.r details and initial events leading to trial. (Para 4 , 5) |
| 4. testimony of witnesses regarding the incident. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 5. additional evidence presented, primarily land disputes. (Para 13 , 14) |
| 6. trial court’s conviction affirmed. (Para 15) |
| 7. defense arguments regarding conviction. (Para 16 , 17) |
| 8. court’s analysis of evidence and legality of assembly. (Para 18 , 19) |
| 9. conviction under ipc affirmed; evidence sufficiency. (Para 20 , 21) |
| 10. final decision and directives to trial court. (Para 22 , 23 , 24 , 25 , 26) |
JUDGMENT :
RAJESH KUMAR, J.
1. Although the present appeal has been preferred by seven appellants, but out of which, two appellants have died, during the pendency of the present appeal. Vide order dated 22.11.2021, the present criminal appeal stands abated so far as appellants namely, Mahendra Bhagat and Rajesh Bhagat are concerned.
Thus, the present appeal survives only with respect to five appellants, namely, Mani Lal Bhagat, Gopal Bhagat, Manoj Bhagat, Rama Bhagat and Prem Bhagat.
2. Heard learned counsel for the appellant
Members of an unlawful assembly are collectively responsible for injuries caused during its action, reinforcing the conviction based on consistent eyewitness testimony and corroborated medical eviden....
Insufficient evidence leading to the acquittal of some accused while affirming convictions for others highlights the importance of corroborative testimonies and the assessment of individual accountab....
The central legal point established in the judgment is that the nature of injuries sustained and the absence of evidence reflecting an intention to commit murder influenced the court's decision in al....
The court upheld the conviction under Section 307 IPC, establishing that the appellants had the intention to commit murder based on the evidence of eye witnesses and the nature of the assault.
Conviction under severe charges was overturned due to lack of evidence supporting unlawful assembly; appellants found guilty of lesser offences.
The main legal point established in the judgment is the consideration of familial relationship, lack of criminal antecedents, and the prolonged duration of the criminal prosecution in deciding the ap....
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