Back
RAMESH SINHA, RAJANI DUBEY
Maniram Kashyap, S/o Late Rupuram Kashyap – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
Ramesh Sinha, J.
1. This criminal appeal preferred under Section 374(2) of the CrPC is directed against the impugned judgment of conviction and order of sentence dated 25.11.2021 passed by the learned Additional Sessions Judge, Special Court (Naxal), Dantewada District–South Bastar, Dantewada in Sessions Trial No. 217/2018 by which the appellant has been convicted for offence under Sections 302 of the IPC and sentenced to undergo rigorous imprisonment for life.
2. Case of the prosecution, in brief, is that on the date of incident i.e., 25.03.2018 at 07.00 am, Pradeep and Rakesh, the children of Paikuram Kashyap’s cousin accused Maniram Kashyap, came to Badi and told that at night, father Maniram had assaulted mother Palo Bai with Mushar (Okhli) on her head and back and she was seriously injured. On the report of the applicant Paiku Ram Kashyap (PW-1), cousin brother of the accused/appellant, Police Station, Dantewada has registered unnumbered First Information Report (Ex.P–01). Since the incident was of Geedam Police Station, First Information Report (Ex. P-08) was registered there. Investigating officer left for scene of occurrence and after summoning the witnesses vide Ex
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.
Circumstantial evidence can establish guilt in murder cases, especially when the accused fails to explain their presence at the crime scene.
The burden of proof under Section 106 of the Evidence Act lies with the accused to provide a convincing explanation for circumstances within their knowledge, and the court may draw an adverse inferen....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
