Jainath @ Chalgaliya Pando v. State of Chhattisgarh
Case brief
What is this about?
Murder appeal, benefit of doubt acquittal where eye-witnesses did not implicate the accused in Court and only blood-stained articles were recovered without corroboration; sole recovery of blood-stained weapon insufficient for conviction; alteration of Section 302 IPC conviction to Section 304 Part-II IPC where medical evidence is silent on sufficiency of injuries to cause death in ordinary course of nature; FSL blood/human blood on seized stick and t-shirt; Section 374(2) CrPC appeal; High Court of Chhattisgarh, CRA No. 1967 of 2019; Raja Naykar v. State of Chhattisgarh (2024 SCC OnLine SC 67); Nankaunoo v. State of U.P. ((2016) 3 SCC 317).
What did the court decide?
A-1 (Jainath @ Chalgaliya Pando) acquitted of Section 302 IPC on benefit of doubt and to be released forthwith if not required elsewhere; A-2 (Rajkumar Ekka)'s appeal partly allowed: conviction under Section 302 IPC and life sentence set aside, convicted under Section 304 Part-II IPC and sentenced to period already undergone (in jail since 12.02.2017), trial Court fine and default sentence retained, to be released forthwith if not required elsewhere.