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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY, AMITENDRA KISHORE PRASAD
Janaki Sidar W/o Late Shri Dilip Kumar Siarathi – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
RAJANI DUBEY, J.
1. Challenge in this appeal is to the legality and validity of the judgment of conviction and order of sentence dated 26.9.2019 passed by the 5th Additional Sessions Judge, Distt. Raigarh in ST No.81/2018 whereby accused/appellant stands convicted & sentenced as under:
| Conviction | Sentence |
| Under Section 302 of Indian Penal Code | Imprisonment for life, pay a fine of Rs.1000/- and in default thereof to suffer additional RI for one month. |
| Under Section 201 of Indian Penal Code | RI for seven years, pay a fine of Rs.1000/- and in default thereof to suffer additional RI for one month. |
Both the sentences were directed to run concurrently.
2. Case of the prosecution, in brief, is that on 16.5.2018 Smt. Ramkumari Sarthi lodged a report at Police Station – Kotraroad to the effect that on 15.5.2018 at around 7-8 pm they all had their dinner and thereafter the complainant along with her husband went towards the kitchen garden (Badi) for sleeping and the accused/appellant and her son deceased Dilip Kumar Sarthi went towards the courtyard for sleeping. Both the accused/appellant and the deceased started quarreling at night. At around 4 am she heard the sound of someone pushing th
The court ruled that the appellant committed culpable homicide, not murder, establishing that the prosecution's circumstantial evidence, albeit strong, did not demonstrate premeditation.
Murder – Only on the basis of post-mortem report there cannot be conviction for offence punishable under Section 302, I.P.C.
Criminal Law – Offence of Murder - Burden of proving fact especially within knowledge - Prosecution has succeeded in establishing other circumstances in chain raising a strong presumption of guilt ag....
Circumstantial evidence can sustain a conviction for murder when the accused fails to provide a plausible explanation for the deaths of the victims, establishing guilt beyond reasonable doubt.
The court upheld the conviction for murder under Section 302 IPC, affirming that the evidence established the appellant's guilt beyond a reasonable doubt despite claims of accidental death.
The main legal point established in the judgment is the importance of establishing the nature of death (homicidal or accidental) and the relevance of witness testimonies in criminal cases.
The dying declaration of the deceased, supported by medical evidence and circumstantial evidence, can be sufficient to establish guilt under Section 302 of IPC.
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