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SANJAY K. AGRAWAL, RADHAKISHAN AGRAWAL
Sunil Kumar Ratre @ Kuglu, S/o Chintaram Ratre (In Jail) – Appellant
Versus
State of Chhattisgarh, through Station House Officer, Police Station Chakarbhatha – Respondent
JUDGMENT :
Sanjay K. Agrawal, J.
1. Since both the above captioned criminal appeals have arisen out of one and same judgment dated 6-6-2014 passed by the 6th Additional Sessions Judge, Bilaspur in Sessions Trial No.187/2013 and since common question of fact and law is involved in both the appeals, they have been clubbed together, heard together and are being disposed of by this common judgment.
2. These two criminal appeals have been preferred by the two appellants herein under Section 374(2) of the CrPC against the impugned judgment convicting them for the offences punishable under Sections 302 read with Section 34 & 201 read with Section 34 of the IPC and sentencing them to undergo imprisonment for life with fine of Rs.100/- each, in default, to further undergo additional rigorous imprisonment for one month and rigorous imprisonment for three years with fine of Rs.100/- each, in default, additional rigorous imprisonment for one month, respectively, with a direction to run both the sentences concurrently.
3. The sole appellant in Cr.A.No.580/2014 namely, Sunil Kumar Ratre @ Kuglu (A-1) and the sole appellant in Cr.A.No.783/2015 namely, Vandana Vishwakarma (A-2), both, have assailed th
The judgment establishes the importance of circumstantial evidence, burden of proof, and absence of motive in cases of murder.
The main legal point established in the judgment is the requirement to connect the accused's conduct with the crime committed and the need for such conduct to form part of the evidence. Additionally,....
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....
Prosecution must establish a complete chain of circumstantial evidence for conviction, and reliance on inadmissible confessions undermines the case.
A confession made under Section 313 Cr.P.C. cannot alone serve as the basis for conviction without corroborating evidence, highlighting the necessity for the prosecution to prove guilt beyond a reaso....
The main legal point established in the judgment is the requirement of clear evidence to establish guilt beyond reasonable doubt, especially in cases of criminal conspiracy.
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