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MADHYA PRADESH HIGH COURT
Justices, J
Dashrath alias Katai v. State of M. P.
| Table of Content |
|---|
| 1. criminal appeal filed against the conviction under 302 ipc for the murder of the appellant's wife. (Para 1 , 3 , 5) |
| 2. determination of death's nature; homicide or accident. (Para 10 , 12 , 31) |
| 3. circumstantial evidence and testimony corroborating the intentional act of the appellant. (Para 16 , 34 , 36) |
| 4. application of burden of proof principles under s.106 evidence act. (Para 39 , 40 , 46) |
| 5. final conviction upheld based on evidence fulfilling the standard of reasonable doubt. (Para 50 , 52) |
1. This Criminal Appeal under S.374 of Cr.P.C. has been filed against the judgment and sentence dated 29-10-2010 passed by Sessions Judge, Gwalior in S.T. No. 35 of 2010 by which appellant has been convicted under S.302 of I.P.C. and a fine of Rs. 500/- with default imprisonment of 1 month R.I.
2. The undisputed fact is that the deceased is wife of the appellant having married to him about 13-14 years back.
3. According to the prosecution case, on 26-2-2009, the deceased Saroj was admitted in J.A. Hospital at 11: 55 p. m. in burnt condition. After receiving an information from the hospital, Omprakash Yadav (P.W.9) went to hospital and gave a requisition to the doctor to record
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