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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAMESH SINHA, CJ., BIBHU DATTA GURU
Chandrakant Nishad, S/o. Shyam Lal Nishad – Appellant
Versus
State of Chhattisgarh, Through Police Station Urla, District Raipur (Chhattigarh) – Respondent
| Table of Content |
|---|
| 1. initial overview of conviction and evidence presented. (Para 1 , 2 , 4 , 6) |
| 2. discussion on the defects in the prosecution's argument. (Para 8 , 9 , 30) |
| 3. inquiry into underlying motives and circumstantial links. (Para 11 , 21) |
| 4. reinforcement of evidentiary standards for circumstantial cases. (Para 12 , 18 , 22 , 27 , 32) |
| 5. conclusion affirming the conviction based on established evidence. (Para 35 , 36) |
JUDGMENT :
1. The appellant has preferred this criminal appeal under Section 374 (2) of the CrPC questioning the impugned judgment of conviction and order of sentence dated 26.11.2020 (wrongly mentioned in the impugned judgment as 26.11.2022) passed by the 14th Additional Sessions Judge, Raipur in Sessions Trial No.31/2020, by which he has been convicted and sentenced in the following manner with a direction to run all sentences concurrently :-
| Conviction | Sentence |
|---|---|
| U/s 302 of IPC On three counts | Life imprisonment on all three counts and fine of Rs. 100/- for every count (total fine of Rs. 300/-), in default of payment of fine, additional RI for 1 month for each default. |
| U/s 201 of IPC | RI for 5 years and fine of Rs. 50/-, in default of payment of fine, additional RI for 1 |
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