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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RONGON MUKHOPADHYAY, PRADEEP KUMAR SRIVASTAVA
Gulam Pandit, Son of Late Dhanpat Pandit – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Pradeep Kumar Srivastava, J.
1. Above captioned appeals are arising out of common judgment. Hence, taken together for hearing.
2. We have already heard Mr. Aditya Kumar Choudhary, learned counsel for the appellants as well as Mrs. Nehala Sharmin, Special Public Prosecutor.
3. Instant criminal appeals are directed against the common judgment of conviction and sentence dated 20.01.2003, passed by learned Additional Sessions Judge-F.T.C. No.2, Deoghar in Sessions Trial No.16 of 2001, whereby and whereunder, the appellants have been held guilty for the offences under Sections 302/201/34 of the I.P.C. and sentenced to undergo imprisonment for life for the offence under Section 302 of the I.P.C. and directed to undergo S.I. for 06 months under Section 201 of the I.P.C. All the sentences were directed to run concurrently.
Factual Matrix
4. Factual matrix giving rise to these appeals is that the daughter (Rekha Devi) of the informant was married with Kishore Pandit about 10 to 12 years prior to occurrence and has been blessed with a child aged about 08 to 10 years. It is further alleged that the husband (Kishore Pandit) of the daughter of the informant had solemnized second marriage a
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 ....
The court upheld the conviction for murder based on circumstantial evidence, establishing the accused's guilt through a combination of testimonies, confessional statements, and lack of viable alterna....
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.
The court upheld the conviction for murder based on eyewitness testimony and established motive, dismissing intoxication as a defense.
General allegations without specific evidence are insufficient for conviction under Section 304B of IPC; however, a dowry demand and unnatural death within seven years justify conviction.
The prosecution failed to prove that the deceased was subjected to cruelty in connection with dowry shortly before her death, leading to the acquittal of the appellants.
The conviction under Section 302 IPC was upheld due to compelling circumstantial evidence linking the appellant to the murder, ruling that suspicion alone is insufficient without definitive proof of ....
The benefit of doubt must be given when the identification of crucial evidence is doubtful and key witnesses are not examined, as it affects the burden of proof.
The court emphasized that conviction requires reliable, corroborative evidence, and inconsistencies in witness testimony led to the reversal of the conviction.
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