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SANJAY K. AGRAWAL, RADHAKISHAN AGRAWAL
Pramod @ Bhoko S/o Shri Kishan Gayakwad – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
Sanjay K. Agrawal, J.
1. This criminal appeal under Section 374(2) of CrPC has been preferred by the appellant herein against the impugned judgment dated 10/02/2015 passed by learned Additional Sessions Judge, Durg in Special Sessions Trial No. 15/2014 whereby he has been convicted for offence punishable under Section 302 of IPC and has been sentenced to undergo life imprisonment with fine of Rs. 100/- and under Section 4 of Chhattisgarh Tonhi Pratarna Nivaran Act, 2005 and has been sentenced to undergo R.I. for 3 years with fine of Rs. 100/- and in default of payment of fine, additional R.I. for 10-10 days for both the offences, with a direction to run both the sentences concurrently.
2. Case of the prosecution, in brief, is that on 12/10/2013 in between 8-9 PM at village Girhola within the ambit of Police Station Nandini, the appellant herein along with four other coaccused persons constituted an unlawful assembly armed with deadly weapon like axe with a common object of causing death of Pramila Bai and in furtherance of their common intention, they assaulted Pramila Bai with axe and murdered her on the pretext that she practiced witchcraft and thereby, committed the afor
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 confession made under Section 313 Cr.P.C. cannot alone serve as the basis for conviction without corroborating evidence, highlighting the necessity for the prosecution to prove guilt beyond a reaso....
The recovery of evidence must be unimpeachable and not shrouded with elements of doubt to sustain the guilt of the accused.
The mandatory provision of Section 313 CrPC aims to afford the accused an opportunity to explain each and every circumstance and incriminating evidence against them, and failure to comply with this p....
Circumstantial evidence must form a complete chain leading to the only conclusion of guilt, supported by credible witness testimonies and admissions by the accused.
Where there is perfunctory examination under Section 313 Cr.P.C., matter is capable of being remitted to trial court from the stage at which prosecution was closed.
(1) Court must ordinarily eschew material circumstances not put to accused from consideration while dealing with case of particular accused.(2) Examination of accused – Court is empowered to take hel....
The judgment emphasizes the necessity of individual examination of accused under Section 313 Cr.P.C. to ensure fair trial rights, and procedural defects can lead to acquittal if they cause prejudice.
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