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ATUL SREEDHARAN, SUNITA YADAV
Chandresh Marskole – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT :
Atul Sreedharan, J.
The Appellant Chandresh Marskole, has filed this appeal aggrieved by the judgment and conviction dated 31/07/2009, passed in Sessions Trial No.06/2009 by the learned 8th Additional Sessions Judge, Bhopal, by which, the Appellant was found guilty of an offence U/s.302 of the I.P.C and sentenced to suffer rigorous imprisonment for life. A fine of Rs.5000/- was also imposed upon him, which was deposited by the Appellant vide receipt No.59, book No.10430 on 31/07/2009 itself. He was also found guilty of an offence U/s.201 of the I.P.C and was convicted and sentenced to suffer rigorous imprisonment for a term of three years for the said offence.
For reasons given in this judgement, the case reveals a sordid saga of manipulative and preconceived investigation followed by a malicious prosecution, where the police have investigated the case with the sole purpose of falsely implicating the Appellant and perhaps, deliberately protecting a prosecution witness who may have been the actual culprit.
PROSECUTION’S CASE IN BRIEF :
2. The case is entirely pivoted on ci
The main legal point established in the judgment is the requirement for the prosecution to prove the guilt of the accused beyond reasonable doubt. The court emphasized the importance of reliable evid....
Powers of appellate court in an appeal from conviction provided under Sec. 386(b) Cr.P.C. do not enable this Court to order re-investigation,de novo investigation or fresh investigation on allowing t....
Direct eyewitness testimony sufficient for murder conviction under Section 302 IPC despite no motive; absence of motive not fatal if evidence reliable and conclusive.
The court reaffirms that police conduct during official duties must not infringe on rights, prioritizing eyewitness testimony in establishing guilt over medical evidence, thus validating convictions ....
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