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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
| Table of Content |
|---|
| 1. joint appeals against common murder conviction. (Para 1 , 2 , 3) |
| 2. matrimonial discord culminates in alleged murder. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 3. no eyewitnesses; genesis conjectural; possible suicide. (Para 11) |
| 4. circumstances prove guilt despite no eyewitnesses. (Para 12) |
| 5. hostile witnesses; circumstantial evidence; pm shows head injury. (Para 13 , 14 , 15 , 16 , 17) |
| 6. trial court accepts prosecution's circumstance chain. (Para 18 , 19 , 20 , 21) |
| 7. missing vital links in evidence chain. (Para 22 , 23) |
| 8. incomplete chain warrants acquittal on suspicion. (Para 24) |
| 9. appeals allowed; appellants discharged. (Para 25 , 26 , 27) |
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
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.
Sole accused cannot be convicted on same evidence where co-accused acquitted unless clinching proof of individual guilt; unreliable eyewitness testimony with enmity, non-disclosure, and suspicious co....
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.
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