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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RONGON MUKHOPADHYAY, ARUN KUMAR RAI
Raj Kumar Bhagat, S/o Late Sadhu Bhagat – Appellant
Versus
State of Bihar (now Jharkhand) – Respondent
JUDGMENT :
Rongon Mukhopadhyay, J.
1. Heard Mr. Sahay Gaurav Piyush, learned Amicus Curiae for the appellant and Mr. Bhola Nath Ojha, learned Spl. P.P. for the State.
2. This appeal is directed against the judgment and order of conviction and sentence dated 15.05.1997 (sentence passed on 20.05.1997) passed by Sri R.P. Verma, learned Sessions Judge, Godda in Sessions Case No. 103/1995, whereby and whereunder, the appellant has been convicted for the offence punishable u/s 302/34 of the IPC and has been sentenced to R.I. for life.
3. The prosecution case arises out of the fardbeyan of Prakash Kumar Mirdha recorded on 20.09.1994, in which, it has been stated that on 19.09.1994 in the afternoon he had gone to the house of Jamuna Bhagat. The informant had not taken his lunch. The wife of Jamuna Bhagat used to treat the informant like her son. She had fed the informant and expressed her desire to visit the place the informant stays. It has been stated that the informant had taken the wife of Jamuna Bhagat to the house of Tunu Mirdha where they had tea and snacks and spent some light hearted moments. The informant thereafter had gone to work in the flour mill of Fuleshwar Gupta. In the even
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.
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.
The presumption of innocence is paramount in criminal trials; an acquittal should only be overturned if the prosecution proves guilt beyond reasonable doubt, which was not demonstrated in this case.
The court acquitted the appellants due to insufficient evidence and inconsistencies in witness testimonies, emphasizing the need for credible proof in criminal convictions.
The prosecution must prove its case beyond reasonable doubt; inconsistencies and lack of independent witnesses can lead to quashing of conviction.
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