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SANJAY K. AGRAWAL, RADHAKISHAN AGRAWAL
Shatrughan Singh Sinha, S/o. Aasha Ram Sinha – Appellant
Versus
State Of Chhattisgarh, Through Aarkshi Kendra, Dondilohara, Distt. Balod, Chhattisgarh – Respondent
JUDGMENT :
[Sanjay K. Agrawal, J.]
1. This criminal appeal preferred by the appellant under Section 374(2) of Cr.P.C. is directed against the impugned judgment dated 13.02.2014 passed by learned Second Additional Sessions Judge, Balod, District Balod, in Sessions Trial No.85/2013, by which the appellant herein has been convicted for the offence under Sections 302 & 201 of Indian Penal Code and sentenced as under with a direction to run the sentences concurrently :
| CONVICTION |
| SENTENCE |
| U/s. 302 of I.P.C. | : | Life imprisonment with fine of Rs.500/-, in default of payment of fine, 60 days simple imprisonment. |
| U/s. 201 of I.P.C. | : | Rigorous imprisonment for 7 years with fine of Rs.300/-, in default of payment of fine, 30 days simple imprisonment. |
2. Case of the prosecution, in short, is that on 03.08.2012 at 11:00 a.m. at village Usaritola forest, Police Station- Dondilohara, the appellant assaulted his wife Sonibai by stone and also strangulated her and in order to screen himself from the offence, buried the dead body nearby and thereby the offence has bee
Conviction based solely on circumstantial evidence requires stringent standards; the prosecution's failure to present cohesive evidence resulted in the acquittal of the appellant.
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 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....
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 inadmissibility of a confession made to a police officer under Sections 25 and 27 of the Evidence Act.
Sections 26 of Indian Evidence Act, 1872 reads Confession by accused while in custody of police not to be proved against him.
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