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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, GAUTAM KUMAR CHOUDHARY
Madhab Chandra Dey alias Madhu S/o Panchanan Dey – Appellant
Versus
State of Bihar (Now Jharkhand) – Respondent
| Table of Content |
|---|
| 1. overview of factual background of the case. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. appellant's grounds for challenging conviction. (Para 11 , 12) |
| 3. arguments supporting prosecution’s case. (Para 13 , 14 , 15 , 16 , 17 , 66 , 71 , 78) |
| 4. court's assessment on prosecution's failure to prove case. (Para 41 , 75 , 82) |
| 5. conclusion and final order allowing appeal. (Para 83 , 84 , 85 , 86) |
JUDGMENT :
SUJIT NARAYAN PRASAD, J.
1. The instant appeal has been filed under Section 374 (2) of the Code of Criminal Procedure, 1973 against the judgment of conviction dated 20.09.1997 and order of sentence dated 22.09.1997 passed by learned Additional District and Sessions Judge, Bokaro, in Sessions Trial No.443 of 1994 whereby and whereunder the appellant has been convicted under sections 302/34 and section 394 of IPC and sentenced to undergo life imprisonment each under sections 302/34 IPC and 394 IPC. Both the sentences were ordered to run concurrently.
2. At the outset it needs to refer herein that it is evident from the order dated 05.02.2025 passed by the co-ordinate Bench of this Court that one of the appellant Ludka Kandu alias Bhagwan Das, Son of Late Gopal Kandu has died during the p
Prosecution must prove guilt beyond reasonable doubt; failure to establish a solid evidentiary basis results in acquittal.
In circumstantial evidence cases without eyewitnesses, conviction unsustainable if chain incomplete due to hostile seizure witnesses, recovery contradictions, and improper reliance on s.161 CrPC stat....
Convictions under Section 302 of IPC require corroborative evidence, and in the absence of reliable evidence, guilt cannot be established beyond reasonable doubt.
A conviction based solely on circumstantial evidence requires a complete and unbroken chain, with reasonable doubt favoring the accused.
The prosecution must establish a complete chain of circumstantial evidence beyond reasonable doubt for a conviction; reasonable doubts justify acquittal.
The judgment establishes that minor discrepancies in witness testimonies, which do not materially affect the case, cannot be the basis for doubting the prosecution's case.
Circumstantial evidence murder conviction cannot rest on solitary unproven recovery of stolen property without complete chain; accused's probable explanation on preponderance of probability entitles ....
The judgment underscores the necessity of establishing a complete chain of circumstances and the guilt of the accused beyond reasonable doubt in cases based on circumstantial evidence.
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