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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RONGON MUKHOPADHYAY, ARUN KUMAR RAI
Fakira Munda, son of Late Dhurwa Munda – Appellant
Versus
State of Bihar now Jharkhand – Respondent
JUDGMENT :
R.Mukhopadhyay, J.
1. Heard Mr. Naveen Kumar Jaiswal, learned counsel for the appellant and Mr. Vineet Kumar Vashistha, learned Spl.P.P.
2. This appeal is directed against the judgment of conviction and the order of sentence dated 16.06.1997 and 19.06.1997 respectively passed by Sri Alok Kumar Sinha, learned VIth Additional Judicial Commissioner, Ranchi in Sessions Trial No. 301 of 1994, whereby and whereunder, the appellant has been convicted for the offence under section 302 of the Indian Penal Code and has been sentenced to undergo RI for life.
3. The prosecution case arises out of the fardbeyan of Chhotka Munda recorded on 14.01.1994 in which it has been stated that on 13.01.1994 at 5:30 p.m. he had heard a commotion outside and when he came out he saw his son Mangu Munda involved in a quarrel and abuses with Fakira Munda. The informant had rushed to the said place but before he could reach and prevent the incident the accused person had assaulted his son on his head with a Dhelforwa which resulted in the son of the informant falling down on the ground. The accused had fled away from the place of occurrence on a bicycle. When the informant raised a cry of alarm his famil
The court ruled the absence of premeditated intent in the assault, leading to a modification of the conviction from murder to a lesser charge under section 304 Part-II of the IPC.
Direct ocular evidence can establish guilt beyond reasonable doubt, making motive irrelevant in murder cases.
The main legal point established in the judgment is the application of Section 34 of the Indian Penal Code and Exception 4 to Section 300, which determine liability for criminal acts done in furthera....
Culpable homicide may be reduced to a lesser charge of culpable homicide not amounting to murder if committed in the heat of passion during a sudden quarrel without premeditation, as per Exception 4 ....
The credibility of eyewitness testimonies, especially from witnesses with a relationship to the deceased, and the appreciation of evidence considering the socio-economic and educational background of....
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 main legal point established in the judgment is the standard of proof required for conviction under Section 302 of the Indian Penal Code, emphasizing the importance of reliable evidence and objec....
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