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SANJAY K. AGRAWAL, RAKESH MOHAN PANDEY
Mohanlal Sharma, S/o. Late Peelababu Sharma – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
[Sanjay K. Agrawal, J.]
1. This criminal appeal filed by the accused-appellant under Section 374(2) of Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dated 06.02.2013, passed by the Court of learned Additional Sessions Judge Katghora, District Korba (C.G.) in S.T. No.16/2012 (State of CG vs. Mohanlal Sharma), whereby the appellant-accused has been convicted for offence: under Section 302 of IPC and sentenced to undergo rigorous life imprisonment with fine of Rs.1,000/- and, in default of fine, additional rigorous imprisonment for 06 months and also under Section 201 of IPC and sentenced to undergo rigorous imprisonment for 03 years with fine of Rs.500/- and, in default of fine, additional rigorous imprisonment for 03 months.
2. The case of the prosecution, in brief, is that on 27.04.2010 between 02:00 to 06:00, at Quarter No.B/278, Pragti Nagar, the accused-appellant committed murder of his wife, namely, Urmila Devi (hereinafter referred to as “deceased”) by strangulation and thereafter in order to screen himself from the said offence, hanged her dead-body from ceiling fan and, thereby, committed the offence under Sections 302 & 201 of
(1) Section 106 of Evidence Act does not directly operate against either a husband or wife staying under same roof and being last person seen with deceased.(2) In a case of circumstantial evidence, m....
Section 294 of CrPC states as where any document is filed before any Court by prosecution or accused, particulars of every such document shall be included in a list and prosecution or accused, as cas....
Conviction based on circumstantial evidence is sustainable when the chain of events proves guilt exclusively and the accused fails to provide a plausible explanation for an unnatural death occurring ....
The prosecution must prove the case beyond reasonable doubt, and the court must put all incriminating circumstances to the accused under Section 313 of the Cr.P.C.
Merely because motive is established, solely on that basis accused cannot be convicted under Section 302 of IPC.
The main legal point established is the requirement for corroborative evidence to establish guilt, the limitations of the memorandum statement under Section 27 of the Evidence Act, and the inadmissib....
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