FAINUL KHAN versus STATE OF JHARKHAND AND ANOTHER

FAINUL KHAN versus STATE OF JHARKHAND AND ANOTHER

No prejudice to the appellants was shown from the omission in framing the charge or from the examination under Section 313; the ocular evidence of injured witnesses and police testimony supported that the appellants participated in an unlawful assembly with the common object of murder, justifying conviction under Sections 302/149, 323/149 and 147 IPC; therefore the appeals were dismissed.

Parties
Appellant: Fainul Khan; Respondent: State of Jharkhand; Respondent: Another
Jurisdiction
India
Judgment Date
04 October 2019
Procedural Posture
Criminal Appeal / Appeal Dismissed
Outcome
Appeals dismissed; convictions and sentences upheld
Legal Topics
Murder, Unlawful Assembly, Charge Framing, Examination of Accused Under Section 313 Cr.p.c., Injury Report, Defective Investigation, Common Object
Criminal Law Criminal Procedure Evidence Murder Unlawful Assembly Charge Framing Examination of Accused Under Section 313 Cr.p.c. Injury Report +2 more

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Parties

Fainul Khan

Appellant

State of Jharkhand

Respondent

Another

Respondent

Procedural Posture

Criminal Appeal / Appeal Dismissed

Legal Issues

  1. 1 Whether the charge framed under Section 147 IPC was defective and prejudicial
  2. 2 Whether examination under Section 313 Cr.P.C. was inadequate causing prejudice to the accused
  3. 3 Whether absence of injury reports undermines credibility of injured eyewitnesses

Ratio Decidendi

No prejudice to the appellants was shown from the omission in framing the charge or from the examination under Section 313; the ocular evidence of injured witnesses and police testimony supported that the appellants participated in an unlawful assembly with the common object of murder, justifying conviction under Sections 302/149, 323/149 and 147 IPC; therefore the appeals were dismissed.

Court Disposition

Appeals dismissed; convictions and sentences upheld

Orders

  • Appeals dismissed
  • Convictions under Sections 302/149, 323/149 and 147 IPC upheld