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2010 Supreme(Online)(Chh) 116

CHHATTISGARH HIGH COURT
[Judge Name], J
Ishwarlal and Another v. State of M. P.


Advocates:
For the Appellants/Petitioners: Arun Kochar
For the Respondents: Rakesh Kumar Jha

Table of Content
1. appeal challenging conviction for murder under section 302 ipc. (Para 1 , 2)
2. prosecution details death of nirmala found suspicious with autopsy showing strangulation. (Para 3 , 4)
3. arguments presented by defense regarding evidence and necessity of burden of proof. (Para 6 , 10 , 12)
4. court discusses circumstantial evidence and burden of proof on the accused. (Para 14 , 19)

1. Challenge in this appeal is to the judgment of conviction and order of sentence dated 31-3-1989 passed by the Fourth Additional Sessions Judge, Bilaspur, in Sessions Trial No. 176/1989, whereby and whereunder learned Fourth Additional Sessions Judge after holding the appellants guilty for commission of culpable homicidal death amounting to murder of Nirmala in sharing common intention, convicted under S.302/34 of the Indian Penal Code and sentenced them to undergo imprisonment for life and to pay fine of Rs. 2000/-, in default of payment of fine to further undergo rigorous imprisonment for two years, respectively.

2. Judgment is impugned on the ground that without there being any iota of evidence of commission of murder, the Fourth Additional Sessions Judge has convicted and sentenced the































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