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RAMESH SINHA, RAJANI DUBEY
Laxmi Narayan Dhruv son of Gurbal Singh Dhruv – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
Ramesh Sinha, Chief Justice
1. This criminal appeal under Section 374(2) of the CrPC is directed against the impugned judgment of conviction and order of sentence dated 11.07.2019 passed by the Additional Judge to the Court of Additional Sessions Judge, Katghora, District Korba, in Sessions Trial No.63/2018, by which the appellant herein has been convicted for offence under Section 302 of the IPC (three times) and sentenced to undergo imprisonment for life (three times) and fine of Rs.500/- (three times), in default of payment of each fine, to further undergo RI for one month.
2. Case of the prosecution, in brief, is that on 21.05.2018 at about 6.30 A.M. informant Raj Kumar Yadav had lodged merg intimation (Exs.P-1 and P-2) to the effect that his nephew Kishan Yadav told him that the appellant committed murder of Tikautin Bai, Raj Kumari and also assaulted Chaitin Bai by wheel pana. Subsequently, during treatment injured Chaitin Bai also died. On the basis of merg intimation, FIR in Crime No.131/18 for offence under Section 302 and 307 of the IPC was registered against the appellant vide Ex.P-3. Spot map was prepared by the investigating officer vide Ex.P-4. Inquests over t
The competency and reliability of child witnesses, as well as the careful evaluation of their testimony, are crucial in cases where their evidence forms a significant part of the prosecution's case.
The burden of proof under Section 106 of the Indian Evidence Act shifts to the accused if the prosecution establishes the facts from which a reasonable inference can be drawn regarding the existence ....
(1) Child witness – Evidence of a child witness for all purposes is deemed to be on same footing as any other witness as long child is found to be competent to testify.(2) Murder of wife and disappea....
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 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 burden of proof lies with the prosecution in cases of dowry death, and circumstantial evidence must be conclusive to establish guilt beyond reasonable doubt.
The reliability and trustworthiness of a child witness's testimony, as well as the sufficiency of evidence, are crucial in establishing guilt in criminal cases.
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