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JHARKHAND HIGH COURT, RANCHI
RONGON MUKHOPADHYAY, DEEPAK ROSHAN
Nishikant Singh, S/o. Late Durga Prasad Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Rongon Mukhopadhyay, J.
1. Heard Mrs. Snehlika Bhagat, learned amicus curiae for the appellant and learned A.P.P.
2. This appeal is directed against the judgment of conviction and order of sentence dated 11-09-2003 passed by Sri Rama Shankar Shukla, learned 6th Additional District & Sessions Judge, Dumka in Sessions Case No. 134 of 2003/ 08 of 2003, whereby and whereunder the Appellant has been convicted for the offences punishable under Section 302/201 IPC and has been sentenced to undergo rigorous imprisonment for life for the offence under Section 302 IPC. No separate sentence has been passed for the offence under Section 201 IPC.
3. The prosecution case arises out of the fardbeyan of Hopan Murmu recorded on 28-11-2002 in which it has been stated that the father-in-law of the informant, namely, Chunda Hembram, was working for the last 7-8 days in the house of Vimal Mirdha as a shepherd. On 27-11-2002, Kubraj Murmu, the Pradhan of the village of the informant, had disclosed that he has received information from the Pradhan of Harna village that Chunda Hembram has been murdered by Nishikant Singh, who has hidden the dead body in Ultandi Dangal with the help of the villager
Unreliable eyewitness testimony cannot support a conviction, leading to the reversal of a murder conviction based on insufficient evidence.
The conviction for murder based solely on a solitary eyewitness's testimony was overturned due to contradictions and lack of corroboration from other witnesses.
The prosecution must prove the guilt of the accused beyond a reasonable doubt, and any significant doubt arising from inconsistencies in evidence must benefit the accused.
The prosecution must prove guilt beyond reasonable doubt; inconsistencies in witness testimonies and lack of corroborative evidence led to the appellant's acquittal.
A conviction for murder requires reliable and corroborated evidence, particularly when based on the testimony of a sole eyewitness; contradictions and lack of corroboration can lead to the reversal o....
Eyewitness accounts unreliable due to inconsistencies, visibility doubts (distances, covered faces, hiding), suppressed initial report; benefit of doubt requires acquittal in multiple murder case by ....
Eyewitness testimony must be consistent and corroborated; convictions cannot rely solely on the testimony of closely related witnesses without independent verification.
Conviction and sentence cannot be sustained where evidence of material witnesses is fraught with major discrepancies.
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