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SANJAY K.AGRAWAL, SANJAY S.AGRAWAL
Mahesh Kumar Sharma, S/o Ganesh Prasad Sharma – Appellant
Versus
State of Chhattisgarh, through the Police Station Jarhagaon, Distt. Bilaspur, Chhattisgarh – Respondent
JUDGMENT :
Sanjay K. Agrawal, J.
1. This criminal appeal preferred by the appellant herein under Section 374(2) of CrPC is directed against the impugned judgment dated 28/02/2012 passed in Sessions Trial No. 55/2010 whereby learned Additional Sessions Judge, Mungeli, Distt. Bilaspur has convicted the appellant herein for offence punishable under Section 302 of IPC and sentenced to undergo imprisonment for life and fine of Rs. 2000/ and in default of payment of fine further R.I. for 1 year.
2. Case of the prosecution, in brief, is that Gangaram (deceased), a student in the school where the appellant was serving as a Teacher, had seen the appellant in a compromising situation with P.W.11 and on that account, on 02/10/2010, in between 09:30 AM to 05:00 PM, the appellant, with the intention of causing death of Gangaram, assaulted him with knife and threw his body into a ditch, due to which the appellant sustained injuries on his face and body and ultimately, succumbed to death.
3. Further case of the prosecution is that on 02/10/2010, Sitaram (P.W.14), grandfather of deceased Gangaram, and his wife Kavribai found the body of Gangaram lying in the field of Babaji in an unconscious positi
An oral dying declaration must be trustworthy and free from blemish to form the basis of conviction. Recovery of evidence must comply with the requirements of Section 27 of the Evidence Act. The pros....
Point of Law : Accused could not be unpunished, more particularly, when the blood stains found were of human origin and it is an undisputed position in the present case, as per the FSL report that th....
The main legal point established in the judgment is that in cases based on circumstantial evidence, the prosecution must prove the guilt of the accused beyond reasonable doubt, and the evidence prese....
The integrity of dying declarations is affirmed where corroborative medical evidence reinforces their reliability, despite procedural irregularities, leading to conviction.
Murder – Non-examination of Doctor who conducted autopsy on dead body of deceased and who prepared post-mortem report is not fatal to case of prosecution.
(1) Dying declaration – For a statement to be termed dying declaration, circumstances discussed/disclosed therein must have some proximate relation to actual occurrence – If a dying declaration inspi....
The judgment emphasizes the need for independent evidence to establish the guilt of the accused and highlights the inadmissibility of the accused's statement under Section 313 of Cr.P.C. as the sole ....
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