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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RONGON MUKHOPADHYAY, PRADEEP KUMAR SRIVASTAVA
Konda Munda @ Munna, aged about 24 years, son of Kisan Munda – Appellant
Versus
State of Jharkhand – Respondent
JUDGEMENT :
Pradeep Kumar Srivastava, J:
The instant Criminal Appeal is directed against the judgment and order of conviction and sentence dated 16.09.2003 and 18.09.2003, respectively passed by learned Additional District and Sessions Judge-I, Latehar in S.T. No. 16 of 2003, whereby and whereunder the appellant has been held guilty for the offence under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life along with a fine of Rs. 250/-.
Factual Matrix:-
2. Prosecution story as per the Fardbeyan of one Mikhail Munda dated 10.05.2002 recorded by S.I. Indradeo Prasad, officer-in-charge, Mahuwadar Police Station is that the informant’s younger brother Binoy Munda along with his wife Ratani Porath went to his Sasural at Village Jamkona to enjoy festival of Sarhul on the last Monday. After two days, i.e. Wednesday, father of the informant namely Bunu Munda also went to village Jamkona. It is further alleged that the informant’s sister Helena Saras is also married in Village Jamkona who came to the house of the informant on Thursday and told that her father Bunu Munda and brother Binoy Munda have been abducted from their Sasural in the night of Wednesd
The credibility of eyewitness testimonies, especially from witnesses with a relationship to the deceased, and the appreciation of evidence considering the socio-economic and educational background of....
The sufficiency of circumstantial evidence to establish guilt beyond reasonable doubt, caution against relying solely on the testimony of a hostile witness, and the absence of conclusive evidence poi....
A conviction for murder requires reliable and corroborated evidence, particularly when based on the testimony of a sole eyewitness; contradictions and lack of corroboration can lead to the reversal o....
Point of Law : Offence of Murder - Conviction set aside - Benefit of doubt - Evidence of witnesses do not energise prosecution case and falsity of allegations levelled against appellants lie threadba....
Conviction and sentence cannot be sustained where evidence of material witnesses is fraught with major discrepancies.
Eyewitness testimony must be consistent and corroborated; convictions cannot rely solely on the testimony of closely related witnesses without independent verification.
The prosecution failed to establish a credible case of murder beyond reasonable doubt, leading to the acquittal of the accused.
The burden of proof rests on the prosecution to establish each appellant's complicity in murder beyond a reasonable doubt; mere presence is insufficient for conviction.
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