Back
HIGH COURT OF CHHATTISGARH AT BILASPUR
Sanjay K. Agrawal, Sanjay Kumar Jaiswal, JJ
Ram Prasad Alis Pootte Kispootta, S/o. Late Samaru Kispootta – Appellant
Versus
State Of Chhattisgarh, Through S.O. P.S. Sitapur, District Surguja, Chhattisgarh – Respondent
Judgment :
(Sanjay K. Agrawal, J.)
1. This criminal appeal preferred under Section 374(2) of Cr.P.C. is directed against the impugned judgment dated 30.03.2019 passed by learned Additional Sessions Judge (F.T.C.) Sarguja, Ambikapur, in Sessions Trial No.40/2016, by which the appellant herein has been convicted under Sections 302 & 201 of I.P.C. and sentenced as under :
| CONVICTION | SENTENCE | |
| U/s. 302 of I.P.C. | : | Life imprisonment and fine of Rs. 500/- in default of payment of fine, additional simple imprisonment for 1 month. |
| U/s.201 of I.P.C. | : | Rigorous imprisonment for 5 years and fine of Rs.500/-, in default of payment of fine, additional simple imprisonment for 1 month. |
| Both the sentence to run concurrently. | ||
2. Case of the prosecution, in short, is that on 23.12.2015 at 5:00 P.M. at village Kunmera, under Sarna bridge on the road of Kursipar and Togri, Police Station- Sitapur, the appellant herein assaulted one Prabha (now deceased) by heavy stone, by which she suffered grievous injuries and died and in order to screen himself from the offence, hide the dead body near Sarna bridge; thereby the offence has been committed. It is alleged that the appellant & deceased though not married, but they
Circumstantial evidence must establish a complete chain of guilt beyond reasonable doubt; failure to do so warrants acquittal.
Circumstantial evidence must form a complete chain pointing to guilt, and extrajudicial confessions require corroboration to be reliable.
Circumstantial evidence must form a complete chain pointing to guilt, and extrajudicial confessions require corroboration to be credible.
In criminal cases relying on circumstantial evidence, the prosecution must prove each circumstance beyond reasonable doubt, and the evidence must form a complete chain that excludes other hypotheses ....
In circumstantial evidence cases, each link in the evidence chain must establish guilt beyond reasonable doubt, supported by all proving consistent guilt without alternative explanations.
In murder cases based on circumstantial evidence, each link must be established beyond reasonable doubt, with all evidence consistently pointing to the guilt of the accused.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
