Jitanram v. State Of Chhattisgarh
Case brief
What is this about?
Section 106 Evidence Act limits; murder of wife by axe; circumstantial evidence — chain not completed by false/non-explanation (Sharad Birdhichand Sarda); cohabiting spouses/'last seen' inconclusive; Section 106 presupposes a prima facie case and never shifts the prosecution's primary burden (Shambhu Nath Mehra; Nagendra Sah; Gurcharan Singh; Sawal Das; Shivaji Chintappa Patil; Gargi; Balvir Singh; Santosh @ Bhure); blood on recovered axe not proved human — recovery worthless (Balwan Singh); benefit-of-doubt acquittal under Section 302 IPC; Section 374(2) CrPC appeal allowed and conviction quashed; High Court of Chhattisgarh; Jitanram v. State of Chhattisgarh; Sessions Trial No.26/2015 Jashpur; decision 20.02.2024.
What did the court decide?
Impugned judgment dated 31.10.2015 convicting and sentencing the appellant under Section 302 IPC is set aside/quashed; appellant acquitted on the basis of principles of benefit of doubt; directed to be released from jail forthwith if not required in any other matter (in jail since 02.11.2014).