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SANJAY K. AGRAWAL, RADHAKISHAN AGRAWAL
Prince @ Pinju, S/o Mahetaru Satnami – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
Sanjay K. Agrawal, J.
1. This criminal appeal preferred by the appellants herein under Section 374(2) of the Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dated 28.04.2015 passed in Sessions Trial No.50/2014 by the 1st Additional Sessions Judge, Baloda-Bazar, District Baloda-Bazar, C.G., by which the appellants stand convicted & sentenced as under:-
| Conviction | Sentence |
| Under Section 302 read with 34 of Indian Penal Code (for short, ‘IPC’) for committing murder of Radheshyam | Imprisonment for life and fine of Rs.5,000/- each, in default of payment of fine additional rigorous imprisonment for six months |
| Under Section 302 read with 34 of IPC for committing murder of Ranichandrakali | Imprisonment for life and fine of Rs.5,000/- each, in default of payment of fine additional rigorous imprisonment for six months |
2. Case of the prosecution, in brief, is that on 06.05.2014 at about 6:00 pm, appellants assaulted Radheshyam and his wife Ranichandrakali (hereinafter called as 'deceased persons') with w
Section 106 of the Indian Evidence Act, 1872, states as burden of proving fact especially within knowledge - When any fact is especially within the knowledge of any person, the burden of proving that....
A conviction based on circumstantial evidence requires a complete chain of evidence that excludes every reasonable hypothesis except guilt; suspicion alone is insufficient for conviction.
The judgment emphasizes the requirement for reliable and corroborated evidence in criminal cases, and the admissibility of confession and recovery of material objects.
The use of statements recorded under Section 164 Cr.P.C. as evidence is limited to corroboration or contradiction, and in the absence of substantial evidence, such statements cannot sustain a convict....
The main legal point established in the judgment is the requirement for the testimony of a sole eyewitness to be wholly reliable and corroborated by other evidence, failing which the accused may be e....
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