Back
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY, AMITENDRA KISHORE PRASAD
Sheetal Bareth, S/o. Late Shtrughan Bareth – Appellant
Versus
State of Chhattisgarh, Through District Magistrate, Champa, Chhattisgarh – Respondent
| Table of Content |
|---|
| 1. conviction details and accusations (Para 1 , 2 , 3) |
| 2. trial procedures and charges framed (Para 4 , 5 , 6) |
| 3. contentions from defense and prosecution (Para 7 , 8 , 9) |
| 4. court's emphasis on sufficient evidence (Para 11 , 12 , 13) |
| 5. importance of motive in circumstantial evidence (Para 34 , 35) |
| 6. conclusion regarding acquittal and orders (Para 46 , 47 , 48) |
JUDGMENT :
Rajani Dubey, J.
1. This appeal is directed against the impugned judgment of conviction and order of sentence dated 16.07.2014 passed by learned 1st Additional Sessions Judge, Raigarh (C.G.), in S.T. No.118/2011 whereby and whereunder appellants have been held guilty for commission of offence and sentenced as described below :-
| CONVICTION | SENTENCE |
|---|---|
| Under Section 302/34 IPC | Imprisonment for life with fine of Rs.15,000/- each, in default of payment of fine amount to undergo additional R.I. for 06 months. |
| Under Section 201/34 IPC | R.I. for 07 years with fine of Rs.5,000/- each and in default of payment of fine amount, to undergo additional R.I. for 03 months. Both the sentences were directed to run concurrently. |
2. The prosecution story, leading to conviction of the accused/appellants is that on 09.05.2011 at about 8
The prosecution must prove guilt beyond reasonable doubt, particularly in circumstantial evidence cases where motive and identity are crucial for conviction.
(1) Section 34 IPC and 115 IPC would not go hand in hand.(2) Evidence is raw material which Judge or Adjudicator uses to reach a finding of fact – Courts can record order of conviction even in a case....
The prosecution must prove guilt beyond reasonable doubt; mere testimony of the victim is insufficient without corroboration.
In a case resting on circumstantial evidence, the circumstances must be fully established and consistent only with the hypothesis of the guilt of the accused. Suspicion, howsoever high, cannot take t....
The court affirmed the conviction of the appellants for murder based on circumstantial evidence and valid identification, while acquitting one appellant due to insufficient evidence.
The burden of proof on the accused, the requirement for the prosecution to prove its case beyond reasonable doubt, and the use of chain of circumstances to establish the offence beyond reasonable dou....
In a case based on circumstantial evidence, the prosecution must prove beyond a reasonable doubt that the circumstances are consistent with the guilt of the accused and that they exclude every other ....
Acid attack conviction under IPC §§304, 326A upheld on eyewitness testimony despite FIR delay and minor discrepancies; life sentence reduced to 14 years fixed term balancing retribution, time served,....
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
