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SANJIV KHANNA, SANJAY KUMAR, R. MAHADEVAN
Santosh @ Rajesh @ Gopal – Appellant
Versus
State Of Madhya Pradesh – Respondent
JUDGMENT :
SANJIV KHANNA, J.
Five individuals, namely, Laadkunwar Bai, Jitendra Singh, Nirbhay Singh @ Rajesh Mama, Meharban Singh and the appellant, Santosh @ Rajesh @ Gopal, were prosecuted for the murder of Narayan Singh in the chargesheet arising out of First Information Report No. 640/2011 dated 13.11.2011, registered with Police Station – Industrial Area, District Dewas, Madhya Pradesh, for offence(s) punishable under Sections 302, 34 and 120B of the Indian Penal Code, 1860, and Section 25(1-B)(A) of the Arms Act, 1959.
2. Three out of these five persons are related to the victim, Narayan Singh. Laadkunwar Bai and Jitendra Singh are the wife and son of the victim, Narayan Singh. Meharban Singh is the father-in-law of Jitendra Singh, the son of Narayan Singh. The remaining two persons, namely, Nirbhay Singh and the appellant, Santosh @ Rajesh @ Gopal, are allegedly hired killers.
3. On 30.11.2017, the trial court acquitted Laadkunwar Bai and Meharban Singh. However, Nirbhay Singh @ Rajesh Mama, Jitendra Singh, and the appellant, Santosh @ Rajesh @ Gopal, were convicted.
4. Following this, Nirbhay Singh @ Rajesh Mama, Jitendra Singh, and the appellant filed appeals before the High C
Disclosure statement – A fact already known to Police is not admissible under Section 27 of Evidence Act.
Convictions based on circumstantial evidence must establish a reliable chain linking the accused to the crime beyond reasonable doubt.
The judgment establishes the principle that circumstantial evidence must be cogently and firmly established, pointing towards the guilt of the accused, and that confessional statements given to polic....
(1) Disclosure statement – Once information is given by accused, same information cannot be used even if voluntarily made by a co-accused who is in custody – Section 27 of Evidence Act does apply to ....
Another important aspect to be considered in a case resting on circumstantial evidence is the lapse of time between the point when the accused and deceased were seen together and when the deceased is....
Conviction on circumstantial evidence requires complete unbroken chain linking accused to crime; absence of ballistic report connecting recovered pistol to gunshot, no firing eyewitness, and unreliab....
Circumstantial evidence must be fully established beyond reasonable doubt, with the burden shifting to the accused after the prosecution proves its case.
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