SANJAY KAROL, PRASHANT KUMAR MISHRA
Manoj @ Munna – Appellant
Versus
State Of Chhattisgarh – Respondent
JUDGMENT :
PRASHANT KUMAR MISHRA, J.
1. This Appeal is directed against the impugned judgment and order dated 11.05.2011 passed by the High Court of Chhattisgarh, Bilaspur in Criminal Appeal No.306/2008, whereby the High Court affirmed the conviction and sentence imposed by the Trial Court convicting the appellant for the offences under Sections 302 and 201 of the Indian Penal Code, 1860 1[“IPC”] and sentenced him to undergo imprisonment for life with fine of Rs.1,000/- and rigorous imprisonment for 05 years with fine of Rs. 500/- and in default of payment of fine amounts, to undergo additional rigorous imprisonment for 06 months and 03 months respectively.
A. FACTUAL MATRIX
2. According to the prosecution, on 07.06.2004, the appellant, along with five co-accused, committed dacoity and, during its commission, caused the death of Yuvraj Singh Patle. The accused were, therefore, charged under Sections 302, 302/34, 396, 201 and 120-B of the IPC for murder, dacoity with murder, criminal conspiracy, and causing disappearance of evidence. It was further alleged that on 06.06.2004, the appellant was last seen with the deceased. The appellant had taken him on his motorcycle from Salhevara. The
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Murder and disappearance of evidence – Whenever any doubt emanates in mind of Court, benefit shall accrue to accused and not prosecution – Conviction only on the basis of last seen together cannot be....
The main legal point established in the judgment is the application of the 'last seen together theory' and the reliance on circumstantial evidence, medical evidence, and recovery evidence to establis....
(1) Circumstantial evidence – ‘Last seen’ theory can be invoked only when same stands proved beyond reasonable doubt.(2) When two views are possible, one favouring accused is to be leaned on.
Murder – Evidence on ‘last seen together’ is a weak piece of evidence – Conviction cannot be recorded against accused merely on the ground that accused was last seen with deceased.
The sufficiency of circumstantial evidence and the last seen theory in establishing the guilt of the accused.
Prosecution must prove the entire chain of circumstantial evidence beyond reasonable doubt, failing which conviction cannot be sustained.
The court upheld the conviction under IPC Section 302, emphasizing that circumstantial evidence must form a complete chain, proving guilt beyond reasonable doubt without the accused providing an adeq....
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