Back
SANJAY K. AGRAWAL, SANJAY AGRAWAL
Shilan, S/o Shanichram Nirmalkar and ors. (In Jail) – Appellant
Versus
State of C. G. , Through Police Station Baloda – Respondent
JUDGMENT :
Sanjay K. Agrawal, J.
1. Shilan (A-1), Kanhaiya (A-2), Om Kumar (A-4), Sarwan Kumar (A-5) & Sanyasi (A-6) have jointly preferred Cr.A.No.765/2016, whereas Rakesh Kumar (A-3) has independently preferred Cr.A. No.601/2016 under Section 374(2) of the CrPC questioning the impugned judgment & order dated 8-4-2016 passed by the Sessions Judge, Janjgir, District Janjgir-Champa in Sessions Trial No.176/2015, by which they have been convicted for offences under Sections 148 & 302 read with Section 149 of the IPC and sentenced to undergo rigorous imprisonment for one year & pay fine of Rs.500/- each, in default of payment of fine to further undergo additional rigorous imprisonment for three months and to undergo imprisonment for life & pay fine of Rs.1,000/- each, in default of payment of fine to further undergo additional rigorous imprisonment for six months, respectively, with a direction to run the sentences concurrently.
2. Since both the criminal appeals have arisen out of one and same judgment dated 8-4-2016 passed by the Sessions Judge, Janjgir, District Janjgir-Champa in Sessions Trial No.176/2015 and since common question of fact and law is involved in both the appeals, they
The main legal point established in the judgment is the requirement for the testimony of a sole eyewitness to be wholly reliable and corroborated by other evidence, failing which the accused may be e....
The main legal point established in the judgment is the requirement for reliable and corroborated evidence to establish guilt, especially when relying on the testimony of a sole eyewitness.
The judgment emphasizes the importance of scrutinizing the evidence provided by interested witnesses, establishing motive, and the need for corroborative evidence in criminal cases.
The main legal point established in the judgment is the requirement for the prosecution to prove motive and the reliability of witness testimony in criminal cases.
Conviction on sole eyewitness unreliable due to contradictions in assault manner/place, house layout inconsistency, suspicious family conduct; benefit of doubt where guilt not proved beyond reasonabl....
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
