Back
GOUTAM BHADURI, N. K. CHANDRAVANSHI
Durgesh Dewangan, S/o. Bhagwan Das Dewangan – Appellant
Versus
State Of Chhattisgarh, Through Station House Officer, Police Station Azad Chowk, Raipur (C. G. ) – Respondent
JUDGMENT :
[Goutam Bhaduri, J.]
Heard.
1. Instant appeal is against the judgement dated 8/01/2013 passed by the Second Additional Sessions Judge, Raipur in Sessions Case No.123/2012 whereby the appellant has been convicted under Section 302 of IPC and sentenced to undergo RI for life with fine of Rs.500/-, in default of payment of fine amount, to undergo additional RI for 6 months and under Section 25 & 27 of Arms Act, the appellant has been sentenced to undergo RI for three years with fine amount of Rs.500/-, in default of payment of fine amount, additional RI for six months and both the sentences were directed to run concurrently.
2. The prosecution case, in brief, is that the accused Durgesh Dewangan and Sanjay Diwan (since deceased) were the friends and used to hobnob with each other. On the date of incident on 19/02/2012 in between 3 pm to 8.30 pm they consumed liquor. Thereafter, certain more liquor was demanded by the deceased, the same could not work out and in the process, certain obscene words were uttered by the deceased against the wife of the accused. Being enraged by such act, the accused went back to his house and came back with a chopper with an intention to eliminate
The judgment emphasizes the requirement for complete and conclusive circumstantial evidence to establish guilt beyond reasonable doubt in criminal cases.
The main legal point established in the judgment is the requirement for circumstantial evidence to conclusively and consistently point towards the guilt of the accused, as well as the need to conside....
The main legal point established in the judgment is the application of the 'last seen together theory' and the reliance on circumstantial evidence, medical evidence, and recovery evidence to establis....
The sufficiency of circumstantial evidence, the reliability of witness testimonies, and the application of the Last Seen Together Theory were central to the judgment. The court emphasized the need fo....
Circumstantial evidence requires complete chain excluding innocence; long time gap invalidates last seen theory without ruling out third-party intervention; open-place recoveries lack credibility; un....
In circumstantial murder cases, last seen theory alone cannot sustain conviction without complete evidentiary chain excluding innocence, especially with wide time gap allowing third-party interventio....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
