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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Ganpati Mahto, son of Balai Mahto – Appellant
Versus
State of Bihar – Respondent
Judgment :
Sujit Narayan Prasad, J.
1. Since both the appeals arise out of the common Judgment of conviction dated 4th February, 1998 and Order of sentence dated 5th February, 1998 passed by learned IInd Additional Judicial Commissioner, Khunti in Sessions Trial No.690 of 1996, as such they have been tagged together and taken up together for analogous hearing and are being disposed of by this common order.
Prayer
2. The instant appeals are directed against the Judgment of conviction dated 4th February, 1998 and Order of sentence dated 5th February, 1998 passed by learned IInd Additional Judicial Commissioner, Khunti in Sessions Trial No.690 of 1996, whereby and whereunder all the appellants are convicted under section 302/34 IPC and sentenced to undergo imprisonment for life.
Prosecution Case:
3. Prosecution case, in brief, is that a title appeal is alleged to be pending before the High Court, the then Ranchi Bench, Ranchi between the informant and others, and accused Basudeo Singh Munda and others and in that title appeal date was fixed i.e. 23.01.1996 for argument of the parties.
4. Hence the informant Laxman Munda and Bishambhar Singh Munda left their village Sigid P.S. Sonahatu, distr
Conviction under Section 302/34 IPC unsustainable on uncorroborated, contradictory testimony of interested sole eyewitness; benefit of reasonable doubt mandates acquittal where prosecution fails to p....
Conviction can be upheld based on the reliable testimony of a sole eyewitness, irrespective of the presence of corroborating evidence or independent witnesses, as long as the evidence is credible.
Conviction under Section 302 cannot rest on sole eyewitness testimony riddled with contradictions, delay in naming accused, medical inconsistencies, and unnatural conduct; prosecution must prove guil....
Conviction on sole eyewitness unreliable due to contradictions in assault manner/place, house layout inconsistency, suspicious family conduct; benefit of doubt where guilt not proved beyond reasonabl....
In criminal cases, convictions must be based on evidence establishing guilt beyond a reasonable doubt; general allegations without specific evidence against accused do not suffice.
Conviction on sole eyewitness testimony requires reliability and ring of truth; unsustainable amid inconsistencies, improbabilities like post-alcohol escape, absent corroboration, forensics, warranti....
Conviction under IPC 302/34 upheld on reliable sole eyewitness testimony corroborated by medical evidence and witnesses, despite minor discrepancies and non-examination of investigating officer/docto....
The conviction cannot stand if eyewitness testimony is contradictive and lacks corroboration, underscoring the necessity for reliability in criminal prosecutions.
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