IN THE HIGH COURT OF JHARKHAND AT RANCHI
RONGON MUKHOPADHYAY, PRADEEP KUMAR SRIVASTAVA
Kamal Khan, Son of Zasim Khan – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Pradeep Kumar Srivastava, J.
1. We have already heard Mr. Zaid Ahmed, learned counsel appearing for the appellants and Mr. Vishwanath Roy, learned Spl. P.P. appearing for the State.
2. Above appeals are arising out of common judgment dated 23.10.2003 passed by learned Additional Sessions Judge (F.T.C.), Latehar in Sessions Case No.405 of 1994, hence taken together for hearing and disposal. The appellants have been held guilty for the offences under Sections 302 and 201 read with Section 34 of the Indian Penal Code and directed to undergo imprisonment for life along with fine of Rs.5,000/- each and R.I. for 5 years along with fine of Rs.1,000/- each for respective offences with default stipulation. Both sentences are directed to run concurrently.
FACTUAL MATRIX
3. Factual matrix giving rise to this appeal as per fardbeyan of one Baleshwar Ram recorded by S.I. Abhay Kumar, Officer In-Charge of Balumath Police Station dated 01.03.1990 at about 11:00 p.m. is that on 27.07.1990 at about 05:00 a.m., the informant's father Chaman Mochi left his home on bicycle to go Civil Court, Latehar for doing pairvi in a case but did not return till night, therefore, informant along with other f
The reliance on suspicion without substantive evidence to convict is a serious legal error; convictions must be based on proof beyond a reasonable doubt.
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Conviction under Section 302 upheld based on credible eyewitness testimony, despite the informant being declared hostile; demonstrates the reliability of child witnesses in criminal proceedings.
Conviction requires credible evidence; mere suspicion and contradictions among witnesses cannot sustain a guilty verdict.
Eyewitness testimony must be consistent and corroborated; convictions cannot rely solely on the testimony of closely related witnesses without independent verification.
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The court upheld the conviction for murder based on eyewitness testimony and established motive, dismissing intoxication as a defense.
Murder conviction on circumstantial evidence requires complete unbroken chain excluding innocence; absent proof of foundational facts like last seen together and court direction, appellants entitled ....
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