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SANJAY K.AGRAWAL, SACHIN SINGH RAJPUT
Netu Das S/o Balidas Manikpuri – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
SANJAY K. AGRAWAL, J.
1. This criminal appeal under Section 374(2) of Cr.P.C. has been preferred by the appellant against impugned judgment dated 14.08.2012 passed in Sessions Trial No. 76/2011 whereby learned Sessions Judge, Kabirdham (Kawardha) has convicted him for offence punishable under Section 302 of IPC and sentenced to undergo life imprisonment with fine of Rs. 1,000/- and in default of payment of fine, further R.I. for 6 months.
2. Case of the prosecution, in brief, is that on 12.09.2011 at Village Ranveerpur, the appellant herein committed murder of his wife Gayabai by inflicting injury on her neck with a pharsa and thereby, committed the aforesaid offence.
3. Further case of the prosecution is that on 13.09.2011 at about 04:30 A.M. the appellant himself appeared at Police Station Sahaspur Lohara and informed that he doubted that his wife Gayabai was having illicit relations with one Gulab Sen of their village and on that account, on 12.09.2011 at about 10:30 P.M. he woke up his wife from sleep and took her outside on the pretext of visting Sheetla temple. When they reached the tamarind tree near the field of Jawahar Tiwari, the appellant took out pharsa, which he
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One of fundamental principles of criminal jurisprudence is undeniably that burden of proof squarely rests on prosecution and that general burden never shifts.
Another important aspect to be considered in a case resting on circumstantial evidence is the lapse of time between the point when the accused and deceased were seen together and when the deceased is....
(1) Conviction – Suspicion, however strong it may be, cannot take place of proof beyond reasonable doubt – There is not only a grammatical but a legal distinction between ‘may be proved’ and ‘must be....
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