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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Chanda Kharia, son of Late Amus Kharia – Appellant
Versus
State of Bihar (now of Jharkhand) – Respondent
| Table of Content |
|---|
| 1. murder prosecution case amid land dispute. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. appellants allege false implication and contradictions. (Para 10 , 11) |
| 3. state relies on eyewitness and medical corroboration. (Para 12 , 13) |
| 4. court scrutinizes prosecution witness testimonies. (Para 14 , 16 , 17 , 18 , 19 , 20 , 21) |
| 5. conviction valid on reliable sole eyewitness. (Para 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32) |
| 6. eyewitness corroborated by others and post-mortem. (Para 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42) |
| 7. minor discrepancies do not discredit eyewitness. (Para 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51) |
| 8. io non-examination not fatal to case. (Para 52 , 53 , 54 , 55 , 56 , 57 , 58) |
| 9. undisputed post-mortem admissible without doctor. (Para 59 , 60 , 61 , 62) |
| 10. appeal dismissed; sentence upheld. (Para 63 , 64 , 65 , 66 , 67 , 68) |
Judgment :
Sujit Narayan Prasad, J.
1. The instant appeal, has been filed under Section 374(2) of the Code of Criminal Procedure, against the judgment of conviction dated 15.01.1998 and order of sentence dated 16.01.1998 passed by learned 1st Addl. Sessions Judge, Gumla, in Sessions Trial No. 506 of 1987 whereby an
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 main legal point established in the judgment is that the testimony of witnesses, even if related to the deceased, should not be automatically discarded, and minor discrepancies in the evidence sh....
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 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....
The conviction based on the testimony of a sole injured eyewitness is valid if the testimony is credible and minor discrepancies do not overshadow the overall evidence supporting the charges of murde....
Eyewitness testimony must be consistent and corroborated; convictions cannot rely solely on the testimony of closely related witnesses without independent verification.
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.
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