Back
SANJAY K. AGRAWAL, RADHAKISHAN AGRAWAL
Sonadai, W/o Sita Ram – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
Sanjay K. Agrawal, J.
1. This criminal appeal under Section 374(2) of Cr.P.C. is directed against the impugned judgment dated 22.01.2015 passed by the 3rd Additional Sessions Judge, Bastar, Jagdalpur, C.G. in Sessions Trial No.115/2014, by which the appellant herein has been convicted for the offence under Section 302 of Indian Penal Code (for short, 'IPC') and sentenced for life imprisonment with fine of Rs.200/-, in default of payment of fine additional rigorous imprisonment for one month.
2. Case of the prosecution, in nutshell, is that on 10.08.2014 at about 6:30 pm at village Adawaal, Kusumpal, appellant herein assaulted her husband- Sitaram (hereinafter called as 'deceased) with axe as a result of which, he sustained grievous injuries on his body and died and thereby committed the aforesaid offence. Further, case of the prosecution is that appellant and deceased were wife and husband and they used to live separately as there was some serious dispute between them but deceased used to give ration (rice) etc. to appellant and that on 10.08.2014 at about 6:00 pm, when deceased refused to give ration (rice) to appellant, quarrel took place between them, upon which appellan
The court clarified the distinction between murder and culpable homicide, emphasizing that sudden altercations without premeditated intent can lower the charge under IPC.
Direct eyewitness testimony, if credible, suffices for conviction regardless of motive, as established in this case involving murder under Section 302 of the IPC.
The competency and reliability of child witnesses, as well as the careful evaluation of their testimony, are crucial in cases where their evidence forms a significant part of the prosecution's case.
The conduct of the accused in running away from the spot with the weapon of offence, which was found to be stained with human blood, can be considered as an incriminating circumstance to establish gu....
The main legal point established in the judgment is the burden of proof on the accused to establish any exception upon which they rely, and the reliance on credible evidence to establish guilt beyond....
The conviction of an accused cannot solely rely on admissions made under Section 313 Cr.P.C without corroborating evidence linking the weapon to the crime.
Murder - Testimony of sole child witness - There is no age limit fixed for a person to be a competent witness. A child of tender age can also be a competent witness.
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
