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GOUTAM BHADURI, SANJAY S. AGRAWAL
Chaman Lal Jangde, S/o Shri Bishatram Jangde – Appellant
Versus
State Of Chhattisgarh Through District Magistrate, Chhattisgarh – Respondent
JUDGMENT :
(Goutam Bhaduri, J.)
1. This present appeal is against the impugned judgment of conviction and order of sentence dated 29.10.2020 passed by the First Additional Sessions Judge, Mahasamund in Sessions Trial No.H- 14/2019, whereby the appellant has been convicted and sentenced as below:-
| CONVICTION | SENTENCE |
| Under Section 302 of the IPC | Life Imprisonment and fine of Rs.5000/-, and in default of payment of fine, additional R.I. for six months |
2. The prosecution case, in brief, is that when on 23.11.2018, the complainant Manohar Singh went for bath at 7 AM to Mahanadi Barrage, at that time he saw a dead body was lying and having seen the same, he found that the injury was caused on his head by a stone, as such, he reported the said incident to Police Station Tumgaon. The Police Station Tumgaon registered the merg No.59/18 and upon enquiry, it was found that the dead body of one Keshav Das Manikpuri. The dead body was subjected to postmortem and it was found that the death was homicidal in nature, as such, case under Section 302 of the IPC was registered against th
Circumstantial evidence requires complete chain excluding innocence; long time gap invalidates last seen theory without ruling out third-party intervention; open-place recoveries lack credibility; un....
Conviction under IPC Section 302 cannot rely solely on circumstantial evidence of 'last seen together' without corroboration; mere suspicion is insufficient for guilt.
The sufficiency of circumstantial evidence and the last seen theory in establishing the guilt of the accused.
Murder and disappearance of evidence – Whenever any doubt emanates in mind of Court, benefit shall accrue to accused and not prosecution – Conviction only on the basis of last seen together cannot be....
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