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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RONGON MUKHOPADHYAY, PRADEEP KUMAR SRIVASTAVA
Mukesh Kumar Ojha, son of Shri Durga Narayan Ojha – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Pradeep Kumar Srivastava, J.
1. The instant criminal appeal is preferred for setting aside the impugned judgment and order of conviction and sentence dated 30.11.2018 & 03.12.2018 respectively, of the appellant passed by learned Additional Judicial Commissioner, XVIII, Ranchi in S.T. Case No. 393 of 2017, whereby and whereunder the appellant has been held guilty and convicted for the offence under Section 302 of the I.P.C. and sentenced to undergo imprisonment for life along with fine of Rs.10,000/- with default stipulation.
Factual Matrix:-
2. Factual matrix giving rise to this appeal is that informant’s daughter (Asha Devi, deceased) was married with the present appellant in the year 2003. Initially, everything was going on in normal manner but by passage of time, the appellant used to scuffle and assault with his wife frequently on trivial issues. The informant Basudeo Upadhyay (father of the deceased) made several attempts to settle the dispute and differences between husband and wife but the same could not be resolved. Ultimately, on 19.03.2017, informant came to know from Narayan Ojha that his daughter Asha Devi had died. The informant along with his son and other fami
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The main legal point established in the judgment is the reliance on circumstantial evidence, the shift of burden of proof to the appellant, and the admissibility of extra-judicial confessions in esta....
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Conviction under Section 306 I.P.C. cannot be treated as a minor offence in relation to Section 302 I.P.C.; prosecution failed to prove cause of death or allegations of cruelty.
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