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RAMESH SINHA, SANJAY K. AGRAWAL
Shambhu Prajapati (In Jail) – Appellant
Versus
State of Chhattisgarh, through Station House Officer – Respondent
JUDGMENT :
Ramesh Sinha, J.
1. This criminal appeal preferred under Section 374(2) of the CrPC is directed against the impugned judgment of conviction and order of sentence dated 22.12.2014 passed by the learned Additional Sessions Judge, Pratappur, District Surajpur in Sessions Case No.13/2013 by which the appellant has been convicted for offence under Sections 302 of the IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.500/-, in default, to further undergo rigorous imprisonment for fifteen days.
2. Case of the prosecution, in brief, is that one Bhrigunath (PW-3) (father of the accused-appellant) lodged merg intimation (Ex.P-7) on 16.7.2013 at about 11 a.m. in Police Station Pratappur that his younger son Shambhu Prajapati was married with Sharmila Devi (since deceased). After marriage, deceased Sharmila Devi stayed for two days at village Tukudand (Bhandarpara) and later on, she went to village Kon, Distt.Sonbhadra (UP) for examination and returned back after two months to village Tukudand in her matrimonial house. Thereafter again she went to her parental house and after residing there for 22 days, again she came to village Tukudand (Bhandarpara).
The burden of proving a plea specially set up by an accused lies upon him, and the burden of proving a fact especially within knowledge lies upon the person. The application of Section 106 of the Evi....
The burden of proof under Section 106 of the Evidence Act places a duty on the accused to offer a plausible explanation for the circumstances of the crime, especially in cases of circumstantial evide....
The judgment establishes the principle that in cases based on circumstantial evidence, the prosecution must prove the guilt of the accused beyond reasonable doubt. The application of Section 106 of t....
The prosecution must prove the case beyond reasonable doubt, and the court must put all incriminating circumstances to the accused under Section 313 of the Cr.P.C.
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