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Raju @ Rajiya S/o Paras Ram – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
Kuldeep Mathur, J.
1. The appellant herein has been convicted and sentenced as below vide judgment dated 19.07.2014 passed by the learned Special Additional Sessions Judge (Women Atrocity and Dowry Cases), Sri Ganganagar in Sessions Case No. 110/2013. He has filed the instant appeal under Section 374 (2) CrPC for assailing the impugned judgment:-
| Offence | Sentence | Fine | Fine Default Sentence |
| 302 IPC | Life Imprisonment | Rs.10,000/- | 1 year simple imprisonment |
2. Brief facts relevant and essential for disposal of the appeal are noted hereinbelow.
Pooja (P.W. 9) lodged a written report (Ex. P./1) to the S.H.O. Police Station, Purani Abadi, Sri Ganganagar on 17.09.2013 about the murder of her mother Smt. Sita Devi. In the written report it was alleged that one Shri Raju Soni had been cohabiting with her mother for last one year. For last four months, they had been living in the present rented house i.e. the place of incident. It was further alleged that Raju Soni quarreled with her mother on the previous night. Next day, when she visited the house to meet her
The main legal point established in the judgment is the shift of burden under Section 106 of the Indian Evidence Act, 1872 to the accused to explain facts within his knowledge, and the accused's obli....
The main legal point established in the judgment is the application of Section 106 of the Evidence Act to shift the burden of proof to the accused.
The burden of proof under Section 106 of the Indian Evidence Act and the use of circumstantial evidence to establish guilt in murder cases.
In circumstantial evidence appeals against acquittal, interference only if perverse; prosecution must prove complete chain excluding other hypotheses, with double presumption favouring accused.
The central legal point established in the judgment is the requirement to prove the guilt of the accused beyond reasonable doubt. The judgment emphasizes the importance of reliable evidence and the f....
Murder of wife – Deceased was last seen along with appellant and in the evening dead body of deceased was found—In such circumstances, there will be reverse onus upon appellant to disbelieve the alle....
The court upheld the conviction for murder based on circumstantial evidence, establishing the accused's guilt through a combination of testimonies, confessional statements, and lack of viable alterna....
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