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SANJAY K. AGRAWAL, RADHAKISHAN AGRAWAL
Ashok Kumar Markandey S/o Ramdayal Markandey – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
Sanjay K. Agrawal, J.
1. This criminal appeal preferred by the appellant herein under Section 374(2) of the Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dated 11.02.2015 passed in Sessions Trial No. 79/2014 by the learned Sessions Judge Balod, District: Balod (C.G.), by which the appellant has been convicted under Section 302 of IPC and has been sentenced to undergo life imprisonment.
2. Case of the prosecution, in short, is that on 03.08.2014, at about 09:00 pm, the appellant caused death of his wife Rambai by strangulation and thereby committed the offence. The further case of the prosecution is that the marriage of the appellant was solemnized with Rambai (now deceased) and they were residing together along with their father PW-1 Ramdayal Markandey and mother PW-7 Bishobai. On the date of the offence, father and mother of the appellant had gone to village: Bhatagaon to borrow money from one of their relatives and they were informed to return back immediately to their house and when they returned, they found the dead body of their daughter-in-law Rambai lying dead on the bed. Since, the appellant used to suspect the character of hi
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 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....
Conviction based solely on circumstantial evidence requires stringent standards; the prosecution's failure to present cohesive evidence resulted in the acquittal of the appellant.
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