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GOUTAM BHADURI, SANJAY S. AGRAWAL
Rajesh Das Manikpuri S/o Khorbahara Das Manikpuri – Appellant
Versus
State Of Chhattisgarh Through Station House Officer, Police Station Khamtarai – Respondent
JUDGMENT :
Goutam Bhaduri, J.
Heard.
1. Instant appeal is against the judgment of conviction and order of sentence dated 19/12/2019 passed by the Sessions Judge, Raipur in Sessions Case No.34/2017 whereby the appellant has been convicted for life under Section 302/34 of IPC and fine of Rs.1000/- was imposed, in default of payment of fine amount, further RI for 3 months has been ordered.
2. The prosecution case, in brief, is that the complainant Jageshwar Chandrakar (PW-2) on 18/10/2016 was standing alongwith Chitresh Kekde near Kalyani Grocery Shop, Dhanlaxmi Nagar, Khamtarai, at about 9:30 pm Rajesh Das Manikpuri the present appellant alongwith his nephew Nagesh Das came on a motorcycle and over an old enmity which was existing, dispute started between them. At the same time, thereafter Rajesh Das Manikpur and Dhanesh Bande went back and came armed with a hammer and a knife and started assaulting on the head of deceased and Nagesh Das Manikpuri assaulted by knife whereby Chitresh Kekde fell down to the ground. He was initially taken to Ambedkar Hospital and thereafter was taken to Narayana Hospital, Raipur. Dehatai Nalashi (Ex.P-2) was registered and initially the offence under Secti
The main legal point established in the judgment is the standard of proof 'beyond reasonable doubt' required for conviction in criminal cases.
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, and the application of the appropriate se....
The main legal point established in the judgment is the application of Section 34 of the IPC and the principles of joint liability, emphasizing the requirement of common intention and community of pu....
Conviction under Section 323 IPC confirmed based on credible eyewitness accounts, emphasizing the preference for direct witness testimony over medical evidence conflicting with eyewitness accounts.
The main legal point established in the judgment is the requirement for circumstantial evidence to conclusively and consistently point towards the guilt of the accused, as well as the need to conside....
The reliability of the sole witness and the corroborative value of medical evidence are crucial in establishing guilt in criminal cases.
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