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SANJAY K. AGRAWAL, RADHAKISHAN AGRAWAL
Manrakhan Prasad Miri, S/o. Hiralal Miri – Appellant
Versus
State of Chhattisgarh, Through Station House Officer, Police of Police Station Chowki Manikpur, City Kotwali, District Korba (C. G. ) – Respondent
JUDGMENT :
[Sanjay K. Agrawal, J.]
1. Sole appellant/convict herein has preferred this appeal under Section 374(2) of the CrPC, questioning legality, validity and correctness of the impugned judgment dated 14-2-2014, by which he has been convicted under Sections 302, 307 & 309 of the IPC and sentenced to undergo imprisonment for life & pay a fine of Rs. 2,000/-, in default of payment of fine to further undergo rigorous imprisonment for one year; rigorous imprisonment for seven years & fine of Rs. 1,000/-, in default of payment of fine to further undergo rigorous imprisonment for six months; and rigorous imprisonment for six months, respectively.
2. Case of the prosecution, in short, is that on 8-8-2012 at 1:30 p.m. at Amraiyapara, Korba, the appellant administered insecticide to his elder son Nikhil Miri and to his younger son Vinay Miri by which Nikhil Miri died and also attempted to cause the death of younger son Vinay Miri and he himself also took the insecticide – Salphaz and attempted to commit suicide and thereby committed the aforesaid offences. Further case of the prosecution is that the appellant was married to Seema Mahant (PW-2) and out of their wedlock, they have been bl
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....
The prosecution must prove all elements of a crime beyond reasonable doubt, particularly in cases involving poisoning, where circumstantial evidence is critical.
(1) Delay in lodging FIR by itself cannot be regarded as sufficient ground to draw adverse inference against prosecution case, nor could it be treated as fatal to case of prosecution.(2) It would not....
(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.....
(1) Abetment of suicide – In order to convict a person under Section 306 IPC there has to be a clear mens rea to commit offence – It would also require an active act or direct act which led deceased ....
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