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CHHATTISGARH HIGH COURT
Sanjay K. Agrawal, J
Santosh Nishad – Appellant
Versus
State of Chhattisgarh – Respondent
| Table of Content |
|---|
| 1. overview of the case and prosecution's allegations. (Para 1 , 2 , 3) |
| 2. confession and evidence leading to trial. (Para 4 , 5) |
| 3. defense arguments against evidence. (Para 6 , 7) |
| 4. court's review of evidence. (Para 8 , 9) |
| 5. exploration of last seen principle. (Para 10 , 11 , 18 , 19) |
| 6. legal principles regarding circumstantial evidence. (Para 20 , 21 , 22) |
| 7. final decision and lifting of conviction. (Para 23 , 24) |
1. This criminal appeal filed by the appellant under S.374(2) of Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dated 25.09.2012, passed by the Court of learned Sessions Judge, District Mahasamund (C.G.) whereby the appellant / accused has been convicted under S.302 of IPC and sentenced to undergo life imprisonment with fine amount of Rs.1,000/- and, in default of fine, additional simple imprisonment of six months.
2. The case of the prosecution, in brief, is that on 25.07.2011 at about 06:00 PM in the evening at Dumarnala, Village Tamora the appellant - accused has committed murder of is younger brother, namely, Nutan Nishad, S/o Ude Ram Nishad, aged about 13 years (now deceased) by strangulation and, thereby, committ
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