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SANJAY K. AGRAWAL, RADHAKISHAN AGRAWAL
Shiv Prasad Manhare S/o Fatte Lal – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
SANJAY K. AGRAWAL, J.
1. This criminal appeal under Section 374(2) of Cr.P.C. has been preferred by the appellant against impugned judgment dated 18/01/2016 passed by learned Sessions Judge, Baloda Bazar in Sessions Trial No. 38/2015 whereby he has been convicted for offence punishable under Section 302 of IPC and has been sentenced to undergo imprisonment for life with fine of Rs. 100/- and in default of payment of fine, additional S.I. for 6 months.
2. Case of the prosecution, in a nutshell, is that in the intervening night of 18-19/05/2015 at village Bharuadih, appellant herein assaulted his wife Budhwantin by crushing her head with grinding stone due to which she suffered grievous injuries and died and he, thereby, committed the aforesaid offence.
3. Further case of the prosecution is that on 19/05/2015 at about 5:55 AM at Village Bharuadih, Fattelal Manhare (PW-2) lodged a report at Police Station Palaari that wedding ceremony of his younger daughter was organized in his house and guests had come to his house and after having dinner, everyone had gone to sleep. At about midnight, his granddaughter Hemlata (PW-5) woke him up and informed him that in the barn, his daughte
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....
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 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 prosecution must prove the case beyond reasonable doubt, and the court must put all incriminating circumstances to the accused under Section 313 of the Cr.P.C.
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 burden of proving a plea specially set up by an accused lies upon the accused, and in cases based on circumstantial evidence, the prosecution must establish a complete chain of evidence to prove ....
(1) Courts are expected to be sensitive in cases involving crime against women.(2) Burden of proof – Ordinary rule that applies to criminal trials that onus lies on prosecution to prove guilt of accu....
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