Back
SUBODH ABHYANKAR, SATYENDRA KUMAR SINGH
Basant – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Singh, J. -- 1 The appellant has preferred this appeal under section 374(2) of the Code of Criminal Procedure, 1973(2 of 1974) [in short Cr.P.C.] against the judgment dated 28.6.2011 passed by the Court of 3rd Additional Sessions Judge, Indore in S.T.No.1042/2009, whereby the appellant has been convicted under section 302 of Indian Penal Code, 1860 (in short IPC) and under Sec 25(1)(1-B) of Arms Act and sentenced to undergo life imprisonment with fine of Rs. 1,000/- and 1 year R.I. with fine of Rs. 500/- with default stipulation.
2. Prosecution story in brief is as follows :
(i) About fifteen years ago complainant Saroj Kashyap's husband deceased Surendra Kashyap purchased a hath thela placed near Mahalaxmi Temple, opposite to Rajwada Indore from the appellant Basant Kala for an amount of Rs. 40,000/- and ran a shop of bangles therein. Appellant occasionally used to take an amount of Rs. 1,000/- as rent from the deceased and when the deceased denied to give the rent amount, appellant got angry and was having animosity with him. On 29.6.2009, at about 8:30 p.m. when deceased was going towards Rajwada Gate, appellant came there from opposite direction and with an intent to comm
Advocates appeared :For the Appellant : A. S. Rathore For the Respondent : Mukesh Kumawat
Point of Law : Conviction on the basis of statements of two police officials alone is not sustainable.
Criminal Law - Criminal Trial - Whether conviction justified - Ante mortem injuries noted by Dr. in his post mortem report leads to only hypothesis that appellant knew that such act of his which caus....
The burden of proof in establishing the cause of death and the circumstances of the transaction resulting in death lies with the prosecution, and the admissibility of dying declarations is subject to....
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
