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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY K.AGRAWAL, DEEPAK KUMAR TIWARI
Kishan Kumar Sidar, S/o. Late Nanki Ram Sidar – Appellant
Versus
State of Chhattisgarh, Through Police Station Malkharoda – Respondent
Judgment :
Sanjay K. Agrawal, J.
1. This criminal appeal under Section 374(2) of the CrPC is directed against the impugned judgment & order dated 25-1- 2018 passed by the 2nd Additional Sessions Judge, Sakti in Sessions Trial No.32/2016, by which the appellant herein has been convicted for offence under Sections 302 (two times) & 201 (two times) of the IPC and sentenced as under with a direction that the sentences shall run concurrently: -
| Conviction | Sentence |
| Section 302 of the IPC (two times for causing murder of Nankiram & Nankibai) | Imprisonment for life with fine of Rs. 500/- on two counts, in default, additional simple imprisonment for one month, on two counts. |
| Section 201 of the IPC (two times) | Rigorous imprisonment for five years Rs. with fine of 500/- on two counts, in default, additional simple imprisonment for one month, on two counts |
2. Case of the prosecution, in short, is that the appellant herein in between 1-7-2015 and 31-7-2015 at Village Chandeladih, Police Station Malkharoda, District Janjgir-Champa, caused the death of his father Nankiram Sidar (D-1) and his step-mother Nankibai Lohar (D-2) by making assault by axe and thereby committed their murder and in order to screen
Circumstantial evidence must establish an unbroken chain of guilt while ensuring all evidentiary rules are followed; failure in this renders conviction unsustainable.
The court emphasized that DNA evidence must be corroborated by substantive evidence and procedural integrity is essential for its admissibility in criminal cases.
The prosecution must prove guilt beyond a reasonable doubt, especially in circumstantial evidence cases, where the absence of direct evidence and procedural lapses in evidence handling may lead to ac....
The main legal point established in the judgment is that in cases based on circumstantial evidence, the prosecution must prove the guilt of the accused beyond reasonable doubt, and the evidence prese....
The mere recovery of a body from an accused's statement is insufficient for conviction under murder charges; corroborative evidence is essential.
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