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SANJAY K.AGRAWAL, SANJAY S.AGRAWAL
Lav Kumar son of late Bolo Ram Oraon (In Jail) – Appellant
Versus
State of Chhattisgarh through S. H. O. Kusmi – Respondent
JUDGMENT :
Sanjay K. Agrawal, J.
1. This criminal appeal preferred by the appellant herein under Section 374(2) of the CrPC is directed against the judgment dated 01.12.2014 passed by the Additional Sessions Judge, Ramanujganj, in Sessions Trial No.264/2013, by which the appellant has been convicted for offences under Sections 302 and 201 of the IPC and sentenced to undergo imprisonment for life and fine of Rs.500/, in default of payment of fine to further undergo rigorous imprisonment for one month under Section 302 of the IPC and R.I. for three years and fine of Rs.500/, in default of payment of fine to further undergo R.I. for one month under Section 201 of the IPC.
2. Case of the prosecution, in brief, is that on 23.3.2013 at 9 p.m. at village Harri (Uraontoli), Police Station Kusmi, the appellant murdered his mother Chechara Bai, aged about 72 years and caused disappearance of body of his mother by throwing dead body into well and thereby committed the offence. It is admitted fact on record that the deceased was mother of the appellant herein and one Sanman (PW-1), Mishribai (PW-2) is wife of Sanman (PW-1) and Laxman @ Ladu (PW3) and Krishna Ram (PW4) are two sos of Sanman (PW-1)
The main legal point established in the judgment is the requirement for the prosecution to prove motive and the reliability of witness testimony in criminal cases.
Section 106 of the Indian Evidence Act, 1872, states as burden of proving fact especially within knowledge - When any fact is especially within the knowledge of any person, the burden of proving that....
The main legal point established in the judgment is the requirement for the testimony of a sole eyewitness to be wholly reliable and corroborated by other evidence, failing which the accused may be e....
The main legal point established in the judgment is the requirement for reliable and corroborated evidence to establish guilt, especially when relying on the testimony of a sole eyewitness.
Eyewitness testimony holds credibility even when minor contradictions exist; motive for crime established through related witness accounts legitimizes conviction under Section 302 IPC.
The court established that the conviction for culpable homicide not amounting to murder is justified when intent to kill is not proven, relying on witness credibility and evidential discrepancies.
The main legal point established in the judgment is the reliance on circumstantial evidence, the shift of burden of proof to the appellant, and the admissibility of extra-judicial confessions in esta....
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