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RAMESH SINHA, ARVIND KUMAR VERMA
Jaysingh Baghel Son of Tuni Baghel – Appellant
Versus
State of Chhattisgarh, through the Station House Officer, Police Station Nagarnaar, Jagdalpur, (CG) – Respondent
JUDGMENT ON BOARD :
Ramesh Sinha, CJ.
1. This criminal appeal preferred under Section 374(2) of the CrPC is directed against the impugned judgment of conviction and order of sentence dated 28.11.2022 passed by the learned Sessions Judge, Bastar at Jagdalpur in Sessions Case No.44/2021 by which the appellant has been convicted for offence under Section 302 of the IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1000/-, in default, to further undergo rigorous imprisonment for three months.
2. Case of the prosecution, in brief, is that on 3.2.2021 at about 3.30 A.M. present appellant Jaysingh Baghel assaulted deceased Lakhmi Bai for intention of her murder, he assaulted the deceased by bamboo stick and later she died. It is alleged that informant Maniram Baghel along with Up-Sarpanch Rameshwar Bisai and Devinath Baghel went to the Police Station Nagarnar on 3.2.2021 and registered a merg intimation (Ex.P-1) to the effect that the night before the date of incident his brother-in-law Jaisingh Baghel, his wife Lakhmi and children were sleeping at home after taking dinner. At around 4 A.M., wife of Jaisingh Baghel did not wake up after waking up her, she was lying
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.
Murder - Testimony of sole child witness - There is no age limit fixed for a person to be a competent witness. A child of tender age can also be a competent witness.
The court affirmed that child witness testimony can be reliable and sufficient for conviction if evaluated carefully, alongside corroborating evidence.
The court established that the reliability of child witnesses must be carefully evaluated, and a conviction cannot be sustained on their testimony alone without corroborative evidence, especially whe....
The credibility of a child witness and the need for corroboration in the absence of independent evidence.
The main legal point established in the judgment is the distinction between murder and culpable homicide not amounting to murder under the Indian Penal Code, 1860, based on the intention and knowledg....
It would always be open for prosecution to decide on quality and quantity of evidence that they wish to lead in order to establish charge and this Court cannot comment on such aspect of matter, as lo....
The testimony of a child witness can suffice for conviction if credible and corroborated, while the burden of proof lies on the accused to establish an alibi.
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