Supreme Court Orders Remand of Criminal Appeal in the Case of Ishwar Chander's Murder.
27 February 2025
Criminal Appeals & Suspension of Sentence >> Criminal Law
The appellant, Sanjay Kumar, filed an appeal that was dismissed by the High Court without considering the trial court records. The case involves an incident where respondent Megnath Koiri was apprehended at the scene of a crime where the appellant's father, Ishwar Chander, was shot. The prosecution's case highlights that Megnath Koiri was injured and arrested at the scene after the shooting. The appellant argued that the High Court dismissed the appeal without reviewing critical evidence, including testimonies from key witnesses such as Sanjay Kumar, Kalam, Dinesh Prasad, and the investigating officer, Krishna Chandra Dubey.
Additionally, the High Court referenced an acquittal in a separate trial under the Arms Act and the failure to produce the ballistic report of the firearm allegedly recovered from Megnath Koiri. The appellant challenged these aspects, stating that the case should be decided based on the evidence from the trial court and chargesheet. The court ruled to set aside the High Court’s order, remanding the case for further review. The High Court is instructed to hear and decide the appeal expeditiously, with the parties required to appear before the High Court on 24.03.2025.