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SANJAY K. AGRAWAL, RADHAKISHAN AGRAWAL
Harihar Singh, S/o. Veer Singh Rathiya – Appellant
Versus
State Of Chhattisgarh – Respondent
JUDGMENT :
Sanjay K. Agrawal, J.
1. This criminal appeal preferred by the appellant under Section 374(2) of Cr.P.C. is directed against the impugned judgment dated 16.01.2014 passed by learned Sessions Judge, Korba, in Sessions Trial No.52/2013, by which the appellant herein has been convicted for the offence under Section 302 of Indian Penal Code and sentenced to imprisonment for life with fine of Rs.2,000/- and in default of payment of fine, further 1 year imprisonment.
2. Case of the prosecution, in short, is that the appellant and deceased both were brothers and residing separately in one house and admittedly on the date of offence, dispute regarding partition of ancestral property was in existence. On the date of incident, on 21.04.2013, at about 3:00 P.M., the deceased Pooran Singh abused the appellant herein on the pretext of partition and assaulted him by wooden log on which the appellant pushed the deceased by which the deceased collided with the wooden door frame and thereafter fell into the ground and suffered injuries and ultimately succumbed to death. The appellant informed the said incident to the village Kotwar Ganesh Das and Ganesh Das visited the house of the appellan
Insufficient evidence from extrajudicial confession and lack of corroboration led to appellant's acquittal in murder conviction.
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Circumstantial evidence must establish a complete chain of guilt beyond reasonable doubt; failure to do so warrants acquittal.
The admissibility and evidentiary value of extra-judicial confessions, the need for corroboration, and the considerations for modifying a conviction from murder to culpable homicide not amounting to ....
The main legal point established in the judgment is that extra judicial confession and recovery of evidence are weak pieces of evidence and must inspire confidence. The prosecution must establish a c....
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