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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY, AMITENDRA KISHORE PRASAD
Homeshwar Sahu @ Homesh Sahu S/o Urop Sahu – Appellant
Versus
State of Chhattisgarh – Respondent
| Table of Content |
|---|
| 1. conviction details and context. (Para 1 , 2) |
| 2. arguments for appeal against conviction. (Para 3 , 4) |
| 3. examination of evidence and testimony. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 4. legal reasoning for acquittal. (Para 18 , 19 , 20) |
| 5. conclusion and order for release. (Para 21 , 22 , 23 , 24) |
JUDGMENT :
RAJANI DUBEY, J.
1. The present appeal is directed against the judgment of conviction and order of sentence dated 15.07.2019 passed by the learned Session Judge, Raipur in ST No.172/2017, whereby the appellant has been convicted under Sections 302, 307, 316 and 201 of IPC and sentenced to undergo life imprisonment with fine of Rs.1000/-, RI for 7 years with fine of Rs.1000/- RI for 5 year with fine of Rs.500/- and RI for 3 years with fine of Rs.500/- respectively, with default stipulations.
2. The prosecution case, in brief, is that the complainant Sushila Patel, mother of the deceased Karishma lodged a report at the police station concerned alleging that on 07.05.2007 she and her daughter came to Village Kurud and they called the appellant, upon which the appellant came there on motorcycle and took her daughter Karishma for treatment to a h
The mere recovery of a body from an accused's statement is insufficient for conviction under murder charges; corroborative evidence is essential.
Sections 26 of Indian Evidence Act, 1872 reads Confession by accused while in custody of police not to be proved against him.
Convictions under Section 302 of IPC require corroborative evidence, and in the absence of reliable evidence, guilt cannot be established beyond reasonable doubt.
Prosecution must prove guilt beyond reasonable doubt through a complete chain of circumstances; mere conjecture is insufficient 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 judgment emphasizes the importance of circumstantial evidence and the burden of proof on the accused when certain facts are within their special knowledge. It also highlights the court's discreti....
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