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SANJAY K. AGRAWAL, RAJANI DUBEY
Arvind Kumar Verma S/o Bharamhadutt Verma – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
Sanjay K. Agrawal, J
1. This criminal appeal preferred by the Appellant herein under Section 374 (2) of Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dated 19.11.2014 passed by the II Additional Sessions Judge, Durg, District Durg (C.G.), in S.T. No.213/2012 by which the Appellant has been convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life with fine of Rs.5000/, and on failure to pay the fine amount, additional sentence of R.I. for one year has been imposed against the appellant herein.
2. The case of the prosecution, in brief, is that on 23.09.2012 at around 22.45 hours, the appellant herein attacked and caused injury to Vinay Kumar Yadav by knife over his left ear, jaw, cheek and eyebrow. Looking to the injuries sustained, injured Vinay Kumar Yadav was taken by Ramesh Chandra Beldar (PW/4) to the room of Raja Ram Dhurv and information was given to the police control room. During that time, injured Vinay Kumar Yadav, with the help of nearby people, was taken to J.L.N. Hospital & Research Center, Bhilai, where Dr. Meenakshi Dave (PW/1) examined injured and gav
The integrity of dying declarations is affirmed where corroborative medical evidence reinforces their reliability, despite procedural irregularities, leading to conviction.
An oral dying declaration must be trustworthy and free from blemish to form the basis of conviction. Recovery of evidence must comply with the requirements of Section 27 of the Evidence Act. The pros....
Murder – Non-examination of Doctor who conducted autopsy on dead body of deceased and who prepared post-mortem report is not fatal to case of prosecution.
The prosecution must conclusively establish guilt through circumstantial evidence, including motive and cause of death, in cases based on circumstantial evidence.
(1) Dying declaration – For a statement to be termed dying declaration, circumstances discussed/disclosed therein must have some proximate relation to actual occurrence – If a dying declaration inspi....
The court relied on oral and documentary evidence to establish the guilt of the accused under Section 302 IPC.
The main legal point established in the judgment is that in cases based on circumstantial evidence, the prosecution must prove the guilt of the accused beyond reasonable doubt, and the evidence prese....
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