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MADHYA PRADESH HIGH COURT
U. C. Maheshwari, *G. D. Saxena, JJ.
Bhagwandas v. State of Madhya Pradesh
| Table of Content |
|---|
| 1. overview of the case and charges (Para 1 , 2 , 3) |
| 2. defense arguments against conviction (Para 4 , 5) |
| 3. court's review of circumstantial evidence (Para 6 , 7 , 8) |
| 4. prosecution's burden of proof in circumstantial cases (Para 25 , 26) |
| 5. conclusion on the overall sufficiency of evidence (Para 28 , 30 , 32) |
| 6. final ruling and order regarding conviction (Para 33 , 34) |
1. The Special Judge (NDPS) in the district of Gwalior while disposing of the Sessions Trial No. 322/01, vide impugned judgment and order dated 31st December 2001, convicted the appellant / accused for commission of offence punishable under S.302 and S.201 of IPC and sentenced him to suffer life imprisonment with a fine of Rs. 30,000/- (Rs. Thirty Thousand Only) and further three years' rigorous imprisonment for offence under S.201 of IPC.
2. The appellant Bhagwandas stood his trial on the charges for murder of Smt. Rekha Bhatnagar, a resident of Bhind, which is an offence punishable under S.302 of IPC. He was further charged for causing disappearance of the evidence with an intention to screen himself from the legal punishment, which is an offence punishable under 201 of IPC.
3. The facts, in short, jus
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