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2017 Supreme(Chh) 244

PRITINKER DIWAKER, RAM PRASANNA SHARMA
Bariklal Kurre, S/o Kejauram – Appellant
Versus
State Of Chhattisgarh, through Police Station Pipariya – Respondent


Advocates Appeared:
For the Appellant :Shri. U.K.S. Chandel, Advocate
For the Respondent: Shri. V.A. Goverdhan, Panel Lawyer.

Judgement Key Points

The provided legal document pertains to an appeal against a conviction for murder under Section 302 of the Indian Penal Code. The court examined whether the prosecution had established the accused's guilt beyond a reasonable doubt based on circumstantial evidence.

The court identified four key circumstances necessary to prove murder by administering poison:

  1. The accused had a motive to commit the crime.
  2. The deceased died from poison administered by the accused.
  3. The accused possessed the poison.
  4. The accused had the opportunity to administer the poison.

In this case, the court found that the prosecution failed to establish the first two circumstances convincingly. Specifically, there was no concrete evidence of a motive, as the victim did not demand a share in the property, and the accused did not refuse to give her her due share. Additionally, the evidence regarding possession of the poison was weak; witnesses who testified about the purchase of poison and sweets did not support the prosecution and turned hostile, and the evidence of recovery was deemed inadmissible because the items were openly accessible and not concealed.

Furthermore, the court noted that although the deceased's death was confirmed to be due to poison, and the accused was present with her at the time, these facts alone do not establish guilt. The confessional statement made by the accused in the presence of police was considered inadmissible under the relevant evidence laws.

Based on these findings, the court concluded that the chain of circumstantial evidence was incomplete and that there was a lack of direct or sufficiently corroborated indirect evidence linking the accused to the act of poisoning. Therefore, the court acquitted the accused of the murder charge, extending the benefit of doubt to him (!) (!) (!) (!) (!) .

In summary, the court's decision was grounded in the principle that circumstantial evidence must form a complete and unambiguous chain to establish guilt beyond reasonable doubt, which in this case was not satisfied.


JUDGEMENT :

P. Diwaker, J

1. Challenge in this appeal is to the judgment of conviction and order of sentence dated 11.2.2010 passed by the Sessions Judge, Kabirdham (Kawardha) in S.T. No.12/09 convicting the accused/appellant under Section 302 of the Indian Penal Code (for short 'the IPC') and sentencing him to undergo R.I. for Life & fine of Rs.3,000/-, in default to undergo RI for 1 year.

2. In the present case, name of deceased is Chandrakali Bai, daughter of accused/appellant from his first wife.

3. The prosecution story, in brief, is that deceased Chandrakali Bai was the daughter of accused/appellant from his deserted first wife and she was residing with her father (appellant). Accused/appellant had performed second marriage with one Ganeshiya Bai from whom he had three sons. Initially deceased Chandrakali used to reside with her mother and later on accused/appellant took her along with him by saying that he will take care of her. It is further case of the prosecution that as the appellant does not want to give share in his property to the deceased, therefore, in the night intervening 29th & 30th December, 2010 accused/appellant had administered poison (zinc phosphate) with some s































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