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SANJAY K. AGRAWAL, SANJAY AGRAWAL
Usman, S/o Jhaduram Satnami – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
Sanjay K. Agrawal, J.
1. Invoking appellate jurisdiction of this Court under Section 374(2) of the CrPC, the sole appellant herein has preferred this criminal appeal calling in question legality, validity and correctness of the impugned judgment and order dated 6-8-2016 passed by the Sessions Judge, Rajnandgaon in Sessions Trial No.50/2015, by which the appellant has been convicted and sentenced as under with a direction to run both the sentences concurrently: -
| Conviction | Sentence |
| Section 302 of the IPC | Imprisonment for life & fine of Rs.1,000/-, in default, additional rigorous imprisonment for three months. |
| Section 201 of the IPC | Rigorous imprisonment for seven years & fine of Rs.1,000/-, in default, additional rigorous imprisonment for three months. |
Facts of the Case
2. Case of the prosecution, as projected by the prosecution and accepted by the trial Court, is that in the intervening night of 10th & 11th January, 2015, at Village Indawani, Police Station Somni, District Rajnandgaon, the appellant caused deep cut wrist injury to Bhuneshwari
The prosecution must prove the nature of death beyond reasonable doubt; reliance on Section 106 of the Evidence Act was inappropriate as the burden of proof remained with the prosecution.
The judgment establishes the principle that in cases based on circumstantial evidence, the prosecution must prove the guilt of the accused beyond reasonable doubt. The application of Section 106 of t....
Section 106 of the Evidence Act reads Burden of proving fact especially within knowledge – When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him.
The burden of proof under Section 106 of the Evidence Act places a duty on the accused to offer a plausible explanation for the circumstances of the crime, especially in cases of circumstantial evide....
The judgment establishes the principle that circumstantial evidence, when meeting the five golden principles, can lead to a conviction under Section 302 of the IPC. The invocation of Section 106 of t....
The prosecution must discharge its primary burden of proving the case beyond reasonable doubt, and the application of Section 106 of the Evidence Act in criminal cases requires careful consideration.
The main legal point established in the judgment is the application of Section 106 of the Indian Evidence Act and the distinction between intention and knowledge in determining the nature of the offe....
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