Bipin Mirdha Kundan Kumar Yadav v. State of Jharkhand
Case brief
What is this about?
Extra-judicial confession — reliability attacked where FIR lodged against unknown only after body recovered on accused's pointing out; confession falsified by silence of written report; no-eyewitness murder case requires circumstances plus strong motive; projected motives (illicit relation seen by deceased, money demand, employment lure) unproven/improbable; co-accused's confession alone cannot sustain co-defendant's conviction; conviction under Ss. 302/34 & 201/34 IPC set aside; acquittal; appeals allowed; Jharkhand High Court, 06-08-2024.
What did the court decide?
Both appellants acquitted; the judgment of conviction dated 27th January, 2011 and the order of sentence dated 29th January, 2011 passed by the Sessions Judge, Godda in Sessions Trial No. 179 of 2010 set aside; appellants discharged from liabilities of bail bonds together with their sureties/bailers; pending interlocutory applications disposed of; trial court records ordered to be sent back.