RAVISHWAR MANJHI & ORS. versus STATE OF JHARKHAND

RAVISHWAR MANJHI & ORS. versus STATE OF JHARKHAND

Conviction of accused not justified as prosecution failed to establish genesis of occurrence, investigation was flawed, and the accused were entitled to right of private defence; courts below erred in not properly considering defence and the injuries sustained by accused.

Source-derived case information.

Parties
Appellant: Ravishwar Manjhi & Ors.; Respondent: State of Jharkhand
Jurisdiction
India
Judgment Date
12 December 2008
Procedural Posture
Criminal Appeal / Supreme Court Appeal From High Court Judgment
Outcome
Appeal allowed; accused acquitted.
Legal Topics
Indian Penal Code, Right of Private Defence, Murder, Injuries, Self Defence
Criminal Law Indian Penal Code Right of Private Defence Murder Injuries Self Defence

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Parties

Ravishwar Manjhi & Ors.

Appellant

State of Jharkhand

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal From High Court Judgment

Legal Issues

  1. 1 Whether conviction of the accused persons was justified in light of the defense case and investigation
  2. 2 Whether prosecution established genesis of occurrence and aggressor status
  3. 3 Whether accused entitled to right of private defence

Ratio Decidendi

Conviction of accused not justified as prosecution failed to establish genesis of occurrence, investigation was flawed, and the accused were entitled to right of private defence; courts below erred in not properly considering defence and the injuries sustained by accused.

Court Disposition

Appeal allowed; accused acquitted.

Orders

  • Accused Ravishwar Manjhi, Jaleshwar Manjhi, and Kala Chandra Manjhi to be released unless wanted in other cases.
  • Bail bonds of Santu Manjhi and Umakant Rajak discharged.