B. V. NAGARATHNA, N. KOTISWAR SINGH
Chunni Bai – Appellant
Versus
State Of Chhattisgarh – Respondent
The prosecutorial role in the Indian criminal justice system fundamentally involves establishing the guilt of the accused beyond reasonable doubt, ensuring that justice is served while safeguarding the rights of the accused (!) (!) . Prosecutors are tasked with presenting evidence that proves the actus reus and mens rea, which are essential elements for conviction (!) . They must also scrutinize the mental state of the accused, particularly when pleas of insanity or temporary mental incapacity are raised, to determine whether the accused can be held criminally liable (!) (!) . The prosecutor's role extends to ensuring the proper collection and presentation of evidence, including forensic and eyewitness testimonies, to establish the facts of the case (!) (!) . Furthermore, prosecutors must be vigilant in addressing issues related to motive, intention, and the circumstances surrounding the crime, especially when the defense invokes mental health considerations or general exceptions to criminal liability (!) (!) . They are also responsible for facilitating a fair trial process, which includes responding to the court’s inquiries and ensuring that the evidence aligns with legal standards (!) (!) . Overall, the prosecutor's role is pivotal in balancing the pursuit of justice with adherence to legal principles, particularly in complex cases involving mental health and intent.
JUDGMENT :
(Nongmeikapam Kotiswar Singh, J.)
Leave granted.
2. The present appeal has been preferred against judgment and order dated 21.11.2023 passed by the Division Bench of the High Court of Chhattisgarh at Bilaspur in Criminal Appeal No. 1035 of 2016 whereby, the High Court upheld the conviction and sentence imposed upon the present appellant under Section 302 of the Indian Penal Code (hereinafter referred to as ‘IPC’).
3. The case of the prosecution in brief is that on 05.06.2015 at about 9 AM in the village of Bharadkala, District Bemetara, State of Chhattisgarh, the appellant, namely Chunni Bai, assaulted her two daughters, namely Kumari Yogita Sahu, aged 5 years and Kumari Nisha Sahu, aged 3 years with an iron crowbar leading to grievous injuries thereby causing the death of both the daughters. The incident was witnessed by Sonam Sahu (PW-1), who is the sister-in-law of the appellant who also lived in the same house.
4. On the same day of occurrence, a complaint was lodged before the Saja Police Station by Laxman Prasad Mishra (PW-3), a neighbour of the appellant, on the basis of which an FIR No. 126/15 was registered under Section 302 IPC. On completion of the investigation
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