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RAMESH SINHA, N. K. CHANDRAVANSHI
Ranjeet Patel S/o Shivkumar Patel – 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 14.01.2022 passed by the learned Sessions Judge, Mungeli (C.G.) in Session Trial No. 20 of 2020 by which the appellant has been convicted for offence under Sections 302 of the Indian Penal Code (IPC) and sentenced to undergo imprisonment for life and fine of Rs. 1000/- with default stipulation.
2. Case of the prosecution, in brief, is that on 02.01.2020, complainant-Shivkumar Patel (PW-1) lodged a complaint at the Police Station, Jarhagaon, Mungeli alleging that his son namely: Ranjeet Patel (present appellant) was living separately in a house alongwith his wife namely: Jyoti Patel (PW-4) and two daughters. The present appellant is habitual drinker and has interest in sorcery (Tantra-mantra), due to which he was not in a good mental state. On 02.01.2020, at about 18.00 hours, he slit the throat of his younger daughter namely: Koyal @ Neelam aged about 12 months. On the basis of complaint of Shiv Kumar Patel (PW-1), the Police of Police Station Jarhagaon, Mungeli has registered the First Information Report
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.
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....
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