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PANKAJ BHANDARI, CHANDRA KUMAR SONGARA
Pushpa Devi – Appellant
Versus
State Of Rajasthan Through Public Prosecutor – Respondent
JUDGMENT
Chandra Kumar Songara, J. - Instant criminal appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 has been preferred on behalf of the accused- appellant, namely Smt. Pushpa Devi wife of Shri Mahaveer Singh, assailing the impugned judgment of conviction and the order of sentence dated 31.03.2016 passed by the Court of learned Additional District & Sessions Judge, No.3, Bharatpur, (for short 'the trial Court'), in Sessions Case No.124-A/2012, whereby the appellant-accused, vide a separate order of even date, was convicted for commission of offence punishable under Section 302 of Indian Penal Code and sentenced to undergo life imprisonment with a fine of Rs.50,000/- and in default of payment of fine, to further undergo six months of rigorous imprisonment.
2. The brief facts giving rise to this appeal are as follows :-
Complainant - Ravindra (PW-3) had submitted a written- report (Exhibit-P/2) to the S.H.O. Police Station, Kumher, District Bharatpur alleging therein that on 19.02.2012 his father Kishan Singh had gone to the house of Mahaveer Singh to recover the loan amount of Rs.1,50,000/- but did not return and on 20.02.2012 in the morning he was informed throu
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The prosecution must prove the case beyond reasonable doubt, and the court must put all incriminating circumstances to the accused under Section 313 of the Cr.P.C.
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....
A witness’s relationship to the deceased does not render their testimony unreliable or 'interested' absent specific motives for bias. Minor investigative flaws or procedural omissions by the police d....
The prosecution must establish basic facts before invoking Section 106 of the Evidence Act; failure to do so results in the benefit of doubt for the accused.
(1) Murder – Circumstances howsoever strong cannot take place of proof and guilt of accused have to be proved by prosecution beyond reasonable doubt.(2) Burden of Proof – Section 106 of Evidence Act ....
The prosecution must fully establish the circumstances from which the conclusion of guilt is drawn and exclude every possible hypothesis except the guilt of the accused in cases based on circumstanti....
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