Appeal against conviction under IPC 304(1) for causing death of brother by assault. Court found evidence proved guilt beyond doubt and dismissed appeal. Court directed release of appellant as sentence has been completed.
Appeal dismissed; appellant ordered to be released forthwith as sentence of 10 years imprisonment had been completed on date of judgment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
HIGH COURT OF CHHATTISGARH, BILASPUR
CRA No. 698 of 2006
---- Appellant
Versus
---- Respondent
For the Appellant : Mr. Manoj Mishra, Advocate.
For the State/Respondent : Mr. V.B. Singh, PL.
Hon'ble Shri Justice Rajendra Chandra Singh Samant
Judgment on Board
06/12/2018
2
his death. The appellant himself made a phone call to police-station giving information about the offence and based on which FIR was lodged. Autopsy was conducted on the dead body of the deceased. Statement of witnesses were recorded and after completion of investigation, charge-sheet has been filed before the concerned Court.
3
beyond reasonable doubt, hence, there is no infirmity or illegality in the impugned judgment convicting and sentencing the appellant as aforementioned. Hence, the appeal is liable to be dismissed.
Sd/-
(Rajendra Chandra Singh Samant) Judge
Nisha
4
3 issues framed by the court
Whether the prosecution proved the guilt of the appellant beyond reasonable doubt to sustain the conviction for culpable homicide.
Whether the appellant is entitled to release or remission having served the sentence imposed at the trial court.
Whether the findings of the trial court convicting and sentencing the appellant are perverse.
4 provisions across 3 enactments
Ram Sai
State of Chhattisgarh
Rajendra Chandra Singh Samant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
