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B. R. GAVAI, K. VINOD CHANDRAN
Shail Kumari – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
B.R. GAVAI, CJI.
FACTUAL ASPECT
1. The present appeal challenges the judgment and order dated 8th September 2010, passed by a Division Bench of the High Court of Chhattisgarh at Bilaspur (hereinafter referred to as “the High Court”) in Criminal Appeal No. 713 of 2004, wherein the Division Bench dismissed the appeal filed by the appellant herein - Shail Kumari. By the said judgment and order, the High Court upheld the judgment and order dated 18th June 2004 rendered by the 2nd Additional Sessions Judge, Durg (hereinafter referred to as "the Trial Court") in Sessions Trial No. 286 of 2003 convicting the appellant for the offence punishable under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") and sentencing her to undergo rigorous imprisonment for life.
2. Shorn of details, the facts leading to the present appeal are as under:
2.1 The case of the prosecution is that on 11th October 2003, one Santosh Kumar Pandey (PW-2), who was an owner of Beetel Kiosk shop, saw the appellant with her two children (son aged - 2 years and daughter aged - 4 months) going towards Pujari Talab (a water body situated near the Beetel Kiosk shop of PW-2). He observed th
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Conviction based solely on circumstantial evidence requires a complete and coherent chain of events that excludes all reasonable hypotheses of innocence.
The main legal point established in the judgment is that suspicion, however strong, cannot take the place of proof. The court emphasized the need for reliable and conclusive evidence to establish gui....
The judgment emphasizes the requirement for complete and conclusive circumstantial evidence to establish guilt beyond reasonable doubt in criminal cases.
Circumstantial evidence must establish a complete chain of incriminating facts to support a conviction for serious offenses, with the absence of alternative hypotheses for the defendant's innocence.
(1) Section 106 of Evidence Act does not directly operate against either a husband or wife staying under same roof and being last person seen with deceased.(2) In a case of circumstantial evidence, m....
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