Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.SAHOO, CHITTARANJAN DASH
Byasa Chhatabarah – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. factual background of the murder case. (Para 1 , 2 , 3 , 5 , 6) |
| 2. details on witnesses and materials presented. (Para 4) |
| 3. arguments from both parties regarding evidence. (Para 7 , 8 , 11) |
| 4. court's reasoning on circumstantial evidence. (Para 9 , 10 , 12 , 13) |
| 5. conclusion affirming the appellant's guilt. (Para 14) |
Judgment :
By the Bench: The appellant Byasa Chhatabarah faced trial in the Court of learned Addl. Sessions Judge, Bolangir in Sessions Case No.19/14 of 2009 for commission of offence punishable under section 302 of the Indian Penal Code (hereinafter the ‘I.P.C.’) on the accusation that on 9th September, 2008 at about 9.00 p.m. at village Kuthurla under Tusura police station, he committed murder of his wife Banita Chhatabarah (hereinafter ‘the deceased’).
The learned trial Court vide impugned judgment and order dated 31.05.2010 found the appellant guilty of the offence charged and sentenced him to undergo imprisonment for life and to pay a fine of Rs.25,000/-(rupees two five thousand), in default, to undergo rigorous imprisonment for a period of two years.
Prosecution Case
2. The prosecution case, as per the first information report (Ext.1) (hereinafter ‘F.
Circumstantial evidence must establish guilt beyond reasonable doubt, with no other reasonable explanation available for the crime, affirming conviction for murder under Section 302 of IPC.
The burden of proving a plea specially set up by an accused lies upon the accused, and in cases based on circumstantial evidence, the prosecution must establish a complete chain of evidence to prove ....
Section 106 of the Evidence Act reads Burden of proving fact especially within knowledge – When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him.
Offence of Murder – Conviction set aside - A grave and heinous crime had been committed but when there is no satisfactory proof of guilt - Benefit of doubt to accused appellants.
The burden of proof under section 106 of the Evidence Act was a central legal principle established in the judgment, placing the onus on the appellant to explain the circumstances of the deceased's d....
The court upheld the conviction under IPC Section 302, emphasizing that circumstantial evidence must form a complete chain, proving guilt beyond reasonable doubt without the accused providing an adeq....
Advocates appeared :For the Appellant : R. P. Gupta For the Respondent : C. P. Singh
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
