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GOUTAM BHADURI, DEEPAK KUMAR TIWARI
Ghaldu S/o Late Shri Amin Sai – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
Goutam Bhaduri, J
Heard.
1. The present appeal is against the judgment of conviction and order of sentence dated 31.12.2019 passed in Sessions Trial No.71/2017 by the Second Additional Sessions Judge, Ramanujganj, District Balrampur-Ramanujganj, C.G. whereby the appellant has been convicted for the offence punishable under Section 302 of Indian Penal Code and sentenced to undergo R.I. for life and to pay fine of Rs.1000/- and in default of payment of fine additional six months S.I. was also ordered.
2. The prosecution case, in brief, is that on 23.07.2017 at about 6 PM the son of the deceased Ajay came running and informed Mangal Sai and others that while he was playing near his house, the accused called his father Motiram to his home and after some time he heard the noise and saw that his father was in a scuffle and quarrel with the accused. When the dispute aggravated at that time the accused went inside the house, came out with an axe and thereafter made an assault to his father whereby he fell down. Subsequently, the incident was narrated to other witnesses, who then went inside and saw that Motiram is dead and there was a cut injury on his right temple, near the elbow o
The central legal point established in the judgment is the requirement for conclusive evidence to prove guilt beyond reasonable doubt, especially in cases based on circumstantial evidence.
The main legal point established in the judgment is the application of Section 106 of the Indian Evidence Act and the distinction between intention and knowledge in determining the nature of the offe....
The main legal point established in the judgment is the requirement for circumstantial evidence to conclusively and consistently point towards the guilt of the accused, as well as the need to conside....
The prosecution must establish circumstantial evidence beyond reasonable doubt to support a conviction; mere suspicion is insufficient.
The main legal point established in the judgment is the court's interpretation of the accused's mental state and the plea of insanity in relation to the commission of the crime. The court also emphas....
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