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GOUTAM BHADURI, RAJANI DUBEY
Sandeep Tigga S/o Tejram – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
Goutam Bhaduri, J
Heard.
1. This criminal appeal preferred by the appellant under Section 374 (2) of the Code of Criminal Procedure is directed against the impugned judgment dated 30/12/2020 passed by the Additional Sessions Judge, Pathalgaon, District Jashpur, C.G. in Sessions Trial No.31/2019 whereby the appellant has been convicted and sentenced as under:-
| Conviction | Sentence |
| Under Section 302 of IPC | Life Imprisonment and Fine of Rs.500/- |
| Under Section 201 of IPC | R.I. for 5 years and fine of Rs.500/- |
|
| In default of payment of fine amount further R.I. for 6-6 months for each offence. |
|
| Both the sentences shall run concurrently. |
2. (A). The case of the prosecution, in brief, is that on 11/07/2019 at about 9-10 am the complainant Purnima Chouhan (PW-1) along with her husband Sandeep Tigga, the accused, and the children were in the home and on some interaction, initially the accused tried to strangulate the wife, however, the wife escaped and along with her two children she came to the courtyard. Thereafter, the accused came with an axe and chased them to kill. At that time, the elder daughter Palak (since deceased), aged about 6 years, was
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....
The main legal point established is that the appellant's actions did not qualify as a sudden provocation under Exception 1 to Section 300 IPC, as the deceased did not provoke the appellant and the ap....
The conduct of the accused in running away from the spot with the weapon of offence, which was found to be stained with human blood, can be considered as an incriminating circumstance to establish gu....
Absence of motive does not negate direct evidence of guilt in murder cases as established through testimonies and circumstantial evidence.
The absence of a satisfactory explanation from the accused, along with consistent witness statements and incriminating evidence, can lead to a conviction. Additionally, the court applied the paramete....
A confession must be truly voluntary and free from police influence for admissibility in court; the prosecution is required to establish a clear circumstantial link to the accused, failing which reas....
The central legal point established in the judgment is the requirement for conclusive evidence to prove guilt beyond reasonable doubt, especially in cases based on circumstantial evidence.
Insanity defence under Section 84 rejected absent proof of legal incapacity at offence time; conviction under Section 304 Part I upheld on complete circumstantial chain establishing guilt beyond reas....
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