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RAMESH SINHA, RAJANI DUBEY
Aayati Kursa @ Ursa W/o Late Shri Sonu Kursa – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
RAMESH SINHA, J.
1. This criminal appeal preferred under Section 374(2) of the Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dated 21.12.2021 passed by the learned Additional Sessions Judge (FTC), South Bastar Dantewada (C.G.) in Session Trial No. 90 of 2017 by which the appellant has been convicted for offence under Sections 302 of the Indian Penal Code (IPC) and sentenced to undergo rigorous imprisonment for life.
2. Case of the prosecution, in brief, is that on 08.07.2016 complainant Choppi Hemla (PW-1) lodged a complaint in the Police State alleging that on 07.07.2016 in the night at about 11.00 p.m. his mother-in-law namely, Aayati Kursa @ Ursa, who lives beside his house, came to his house and asked for torch saying that some incident has been happened with his father-in-law, then the complainant also followed the accused/appellant and reached her house and saw that his father-in-law was lying down on the floor. The accused/appellant informed him that she was consuming liquor with the deceased and there was some quarrel occurred between them, then she pressed the neck of the deceased due to which he died. On the basis of complai
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 main legal point established in the judgment is the application of Section 106 of the Evidence Act and the principles governing the burden of proof in cases based on circumstantial evidence.
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