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SANJAY K. AGRAWAL, SACHIN SINGH RAJPUT
Murli Ram Sahu, S/o. Bharat Sahu – Appellant
Versus
State of Chhattisgarh through District Magistrate, Dhamtari, Chhattisgarh – Respondent
JUDGMENT :
[Sanjay K. Agrawal, J.]
1. This criminal appeal under Section 374(2) of CrPC has been preferred by the appellant herein against the impugned judgment dated 06/08/2014 passed by learned Additional Sessions Judge, Dhamtari in Sessions Trial No. 04/2014 whereby he has been convicted for offence punishable under Sections 302 and 450 of IPC and has been sentenced to undergo imprisonment for life with fine of Rs. 100/- in default of payment of fine, additional R.I. for 1 month and R.I. for 10 years with fine of Rs. 100/- in default of payment of fine, additional R.I. for 1 month, respectively, directing both the sentences to run concurrently.
2. Case of the prosecution, in brief, is that on 29/12/2013 in between 4 PM to 6:30 PM at Village Chhuhi within the ambit of Police Station Keregaon, the appellant herein entered into the house of Tikeshwari Bai with the intention of killing her and caused her death by strangulating her neck and thereby, committed the aforesaid offences.
3. Further case of the prosecution is that deceased Tikeshwari Bai lived in a joint family along with her husband Yuvraj (P.W.-9), brother-in-law Parmeshwar Sahu (P.W.-7), sister-in-law Hemlata Sahu (P.W.-
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....
An oral dying declaration must be trustworthy and free from blemish to form the basis of conviction. Recovery of evidence must comply with the requirements of Section 27 of the Evidence Act. The pros....
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