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RAMESH SINHA, N. K. CHANDRAVANSHI
Lacchuram Netam S/o Late Ghadwaram Netam – Appellant
Versus
State Of Chhattisgarh – Respondent
ORDER :
Ramesh Sinha, J.
1. The appellant has preferred this appeal under Section 374(2) of Cr.P.C. questioning the impugned judgment dated 10.12.2021 passed in Sessions Trial No.22/2020, by which the learned Additional Sessions Judge, Kondagaon, District Kondagaon has convicted the appellant under Section 302 of the Indian Penal Code (for short, the IPC) and sentenced him to undergo life imprisonment with fine of Rs.10,000/- and in default of payment of fine, to undergo further rigorous imprisonment for six months for murder of his brother namely Balsingh.
2. Case of the prosecution, in short, is that on 20.06.2020 the appellant committed murder of his younger brother namely Balsingh (hereinafter referred to as ‘the deceased’) inside his own house with an axe.
3. Merg intimation (Exhibit P/14) bearing No. 36/2020 was recorded by Vinod Kumar Sahu, Police Inspector (PW-10) on the information given by mother of the deceased and the appellant, namely Fundi Bai Netam (PW-1) on 20.06.2020 at about 19:30 hours and thereafter, FIR was lodged on the same day at about 19:45 hours at Police Station, Farasgaon, District Kondagaon.
4. In the FIR (Exhibit P-1), Fundi Bai (PW-1) stated that he has tw
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....
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