Back
SANJAY K. AGRAWAL, RAKESH MOHAN PANDEY
Virendra Kumar Uke S/o Shivnandan Uke – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
Rakesh Mohan Pandey, J.
1. The instant criminal appeal filed by the appellants herein under Section 374(2) of the Cr.P.C. challenging therein judgment of conviction and order of sentence passed by the Sessions Judge, District Rajnandgaon (C.G.) dated 05.12.2013 in Sessions Trial No. 13/2013, whereby each of the appellants has been convicted and sentenced as under:-
Conviction Sentence
Under Section 302 of the IPC Imprisonment for life and fine of Rs.1,000/- and in default of payment of fine, additional rigorous imprisonment for one year
Under Section 201 of the IPC Rigorous imprisonment for two years
It is also directed that both the sentences shall run concurrently
2. The brief facts of the present case are that appellant No.1 - Virendra Kumar Uke is husband of the deceased and appellant No.2 Sarswati Bai is second wife of appellant No.1. At the time of incident, appellant No. 1 was residing on first floor of the house, whereas, deceased - Radhika Bai, first wife of appellant No.1 was residing along with her children in the ground floor of the same house. Dead body of the deceased was found in a room on first floor. On 01.10.2012 at about 08:05 pm, PW-2 – Taman Lal Bansod inf
The establishment of circumstantial evidence beyond reasonable doubt can support a conviction for homicide and destruction of evidence under IPC.
Circumstantial evidence can sustain a conviction for murder when the accused fails to provide a plausible explanation for the deaths of the victims, establishing guilt beyond reasonable doubt.
The main legal point established in the judgment is the reliance on circumstantial evidence to establish the guilt of the accused under IPC Section 302.
A conviction based on circumstantial evidence requires a complete chain of evidence that excludes all reasonable hypotheses of innocence.
The judgment underscores the necessity of establishing a complete chain of circumstances and the guilt of the accused beyond reasonable doubt in cases based on circumstantial evidence.
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
