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SANJAY K.AGRAWAL, SANJAY S.AGRAWAL
Jamuna Bai, W/o Narendra Jaiswal – Appellant
Versus
State of Chhattisgarh – Respondent
| Table of Content |
|---|
| 1. identification of appellants and preliminary details. (Para 1 , 2) |
| 2. factual background of the case. (Para 3 , 4) |
| 3. details about evidence and investigation results. (Para 5 , 6) |
| 4. arguments presented by the appellants' counsel. (Para 9 , 10) |
| 5. prosecution's counterarguments. (Para 11 , 12 , 13) |
| 6. questions of whether deaths were homicides. (Para 14 , 15) |
| 7. evaluation of motive in the crime. (Para 16 , 17 , 18) |
| 8. validity of confessions as evidence. (Para 21 , 22 , 24) |
| 9. the principle surrounding the use of confessions under section 30 of the evidence act. (Para 39 , 41 , 44) |
| 10. final judgments and their implications. (Para 46 , 47) |
JUDGMENT :
Sanjay K. Agrawal, J.
1. Two appellants namely, Jamuna Bai (A-1) & Shyam Sunder (A-2) in Cr.A.No.1202/2014; sole appellant namely, Surendra Kumar (A-3) in Cr.A.No.1160/2014; and two appellants namely, Sahaniram (A-4) & Dadhibal (A-5) in Cr.A.No.1143/2014, have preferred these appeals under Section 3 74(2) of the CrPC feeling aggrieved and dissatisfied with the impugned judgment dated 7-11-2014 passed by the 1 st Additiona
Section 30 of the Indian Evidence Act, 1872, which states as Consideration of proved confession affecting person making it and others jointly under trial for same offence.
Confessions of co-accused are inadmissible against another unless tried jointly; conviction based solely on such confessions violates evidentiary standards.
In order to convict an accused under Section 302 of IPC, first and foremost aspect to be proved by prosecution is homicidal death.
In criminal law, accomplice testimonies must be corroborated by independent evidence for conviction; mere witness hostility does not invalidate supportive testimony.
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