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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RONGON MUKHOPADHYAY, ARUN KUMAR RAI
Mukund Mandal, S/o Late BeJu Mandal – Appellant
Versus
State of Bihar (now Jharkhand) – Respondent
| Table of Content |
|---|
| 1. factual background and evidence presented. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 2. arguments presented by both parties. (Para 18 , 19) |
| 3. court's reasoning on evidence and conclusions. (Para 20 , 21) |
| 4. legal standards for conviction discussed. (Para 22 , 23) |
| 5. conclusion of the appeal and order issued. (Para 24 , 25 , 26 , 27) |
JUDGMENT :
Rongon Mukhopadhyay, J.
1. Heard Mr. Amit Kr. Das, learned Amicus Curiae for the appellants and Mrs. Lily Sahay, learned A.P.P. for the State.
2. This appeal is directed against the judgment and order of conviction and sentence dated 24.11.1997 passed by Sri Hari Shankar Prasad, learned Sessions Judge, Dumka in Sessions Case No. 307 of 1996, whereby and whereunder, the appellants have been convicted for the offences punishable u/s 302/201/34 of the IPC and have been sentenced to undergo R.I. for life for the offence u/s 302/34 of the and R.I. for 04 years for the offence u/s 201 of the . Both the sentences were directed to run concurrently.
3. The prosecution case arises out of the fardbeyan of Alosi Devi recorded on 08.10.1995, in which, it has been stated that the daughter of the informan
The prosecution must prove guilt beyond a reasonable doubt, and mere suspicion cannot replace substantive proof.
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(1) Murder – Life sentence – Law does not permit Courts to punish accused on the basis of suspicion alone – Greater the felony stricter the degree of proof.(2) Delay in lodging F.I.R. corrodes credib....
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