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SANJAY K. AGRAWAL, RAKESH MOHAN PANDEY
Rasida Begum W/o Madu Miyan @ Majubuddin Miyan – Appellant
Versus
State of Chhattisgarh through Police Station Shankargarh, District Sarguja, Chhattisgarh – Respondent
JUDGMENT :
Sanjay K. Agrawal, J.
1. Criminal Appeal No. 980/2011 has been preferred by the two appellants/accused persons namely Rasida Begam (A-1) and Nurtaj (A-2) against judgment dated 26/08/2011 passed by learned Special Judge, Ambikapur in Special Session Atrocities Case No. 93/2008 whereby they have been convicted for offences punishable under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 read with Section 302/34 of IPC and sentenced to undergo life imprisonment with fine of Rs. 5000/- each and in default of payment of fine, further R.I. for 6 months.
2. Criminal Appeal No. 1954/2017 has been preferred by sole appellant/accused namely Madu Miya against judgment dated 21/11/2017 passed by learned Special Judge, Sarguja (Ambikapur) in Special Session (Atrocities) Case No. 93/2008 (as he remained absconded during the course of the trial when Rasida Begam (A-1) and Nurtaj (A-2) were being tried and final judgment of conviction was passed against them) whereby he has been convicted for offences punishable under Section 302/34 of IPC and sentenced to life imprisonment with fine of Rs. 5000/- and in default of payment of fine, further
A negative viscera report does not preclude liability for poisoning if other evidence establishes the accused's guilt.
(1) Abetment of suicide and attempt to commit suicide – If accused gave incorrect or false answers during course of his statement under Section 313 CrPC, court can draw adverse inference against him.....
The main legal point established in the judgment is the requirement for the prosecution to establish guilt beyond reasonable doubt in cases based on circumstantial evidence and poisoning. The judgmen....
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