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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY, SACHIN SINGH RAJPUT
Bhan Singh Lahre S/o Jethuwa – Appellant
Versus
State Of Chhattisgarh Through The Station House Officer, Police Station Kota – Respondent
JUDGMENT :
Rajani Dubey J.
1. Since both the appeals involve common judgment of conviction and order of sentence, therefore, the same have been clubbed together, heard together and are being disposed of by a common order.
2. The present appeals are directed against the judgment of conviction and order of sentence dated 22.12.2016 passed by the learned 2nd Upper Session Judge, Bilaspur (C.G.) in ST No.34/2018, whereby the appellants have been convicted under Sections 148/149, 328/149 and 302/149 of IPC and sentenced to undergo RI for 1 year, RI for 5 years and life imprisonment, respectively, with default stipulations.
3. The prosecution case, in brief, is that on 04.12.2017, the complainant made oral complaint to the Police Station Kota against the appellants that his father Malikram had obtained Rs.20,000/- from the appellant Bhan Singh for execution of sale of land and the said amount was not returned by his father to the appellant Bhan Singh, due to which there was some dispute between his father and appellant no.1 and the appellants committed marpeet with his father Malikram and Malikram was poured poison by the appellant Bhan Singh and thereafter the appellants ran away from the s
The prosecution must establish the guilt of the accused beyond reasonable doubt; failure to prove clear connections in poisoning cases led to acquittal.
(1) Delay in lodging FIR by itself cannot be regarded as sufficient ground to draw adverse inference against prosecution case, nor could it be treated as fatal to case of prosecution.(2) It would not....
Delay in filing an FIR and contradictions in witness statements can undermine the prosecution's case, leading to approval for bail despite serious allegations.
Circumstantial evidence alone, without corroboration, is insufficient for conviction; inconsistencies in witness testimonies weaken the prosecution's case.
The prosecution failed to prove the charges of murder and dowry death beyond reasonable doubt, leading to acquittal under Sections 302 and 498-A of IPC.
The main legal point established in the judgment is the reliance on consistent witness testimony, post-mortem evidence, and the lack of evidence to support the appellants' claims in affirming the con....
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