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CHAKRADHARI SHARAN SINGH, KHATIM REZA
Kanhai Sharma – Appellant
Versus
State of Bihar – Respondent
CHAKRADHARI SHARAN SINGH, J.:–Heard Mr. Saghir Ahmad, learned counsel appearing on behalf of the appellant and Ms. Shashi Bala Verma, learned Additional Public Prosecution appearing on behalf of the State.
2. This is an appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (Cr.P.C. for brevity). By the impugned judgment and order dated 02.06.2015/04.06.2015 under appeal passed by the learned 6th Additional District and Sessions Judge, Banka, in Sessions Trial No. 1343 of 2008(G.R. No. 620/08), Tr. No. 250/15, arising out of Rajoun P.S. Case No. 68 of 2008, the appellant has been convicted and sentenced as under:—
| Convicted under Section |
| Sentence |
|
| Imprisonment | Fine (Rs.) | In default of fine | |
| 302 of the I.P.C. | Imprisonment for life | — | — |
| 328 of the I.P.C. | R.I. for 10 years | — | — |
3. The Rajoun P.S. Case No. 68 of 2008 came to be registered, based on the fardbeyan of the informant (PW-5), on 27.04.2008 recorded by the Sub Inspector of Police, Rajoun Police Station.
4. The informant (PW-5) is the brother of the deceased and the ap
The main legal point established in the judgment is the requirement for the prosecution to establish guilt beyond reasonable doubt in cases based on circumstantial evidence and poisoning. The judgmen....
The prosecution must prove all elements of a crime beyond reasonable doubt, particularly in cases involving poisoning, where circumstantial evidence is critical.
The prosecution must establish a complete chain of circumstantial evidence beyond reasonable doubt to secure a conviction in criminal cases, particularly where direct evidence is absent.
The prosecution must establish the guilt of the accused beyond a reasonable doubt, and in cases based on circumstantial evidence, the circumstances must be fully established and consistent only with ....
A negative viscera report does not preclude liability for poisoning if other evidence establishes the accused's guilt.
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