PRASHANT KUMAR MISHRA, VIPUL M. PANCHOLI
Neelu @ Nilesh Koshti – Appellant
Versus
State Of Madhya Pradesh – Respondent
JUDGMENT :
PRASHANT KUMAR MISHRA, J.
1. This Appeal calls in question the impugned judgment dated 01.12.2023 in Criminal Appeal No.389/2016 passed by the High Court of Madhya Pradesh at Indore, whereby, the High Court dismissed the appeal preferred by the appellant and upheld the judgment of the Additional Sessions Judge and Special Judge (Electricity Act 03), wherein the appellant was convicted for the offences under Sections 302 and 201 of the Indian Penal Code, 1860, and sentenced to undergo life imprisonment and a fine of Rs.1000/- for the offence under Section 302 of the IPC and seven years of rigorous imprisonment with a fine of Rs.1000/- for the offence under Section 201 of the IPC along with default stipulations.
FACTUAL MATRIX
2. On 28.07.2009, Bhagwati Bai (P.W.4) lodged a missing report at Pardeshipura Police Station, Indore, stating that her daughter Archana @ Pinki was missing from 25.07.2009. During the course of investigation, it came to light that the mobile phone of Archana @ Pinki was being used by a person who allegedly had custody of her, and was seeking a ransom of Rs. 5 lakh from her husband Rajesh (P.W.12). The SIM card belonging to Archana @ Pinki was actively u
Sharad Birdhichand Sarda vs. State of Maharashtra
Delhi Administration vs. Bal Krishan and Others
Udai Bhan vs. State of Uttar Pradesh
Bodhraj Alias Bodha and Others vs. State of Jammu and Kashmir
No cases identified as bad law. None of the descriptions contain keywords or phrases such as "overruled," "reversed," "abrogated," "criticized," or "questioned" indicating negative treatment or invalidation.
No cases categorized here. No clear, unambiguous indicators of positive or neutral treatment patterns (e.g., "followed" or "distinguished" explicitly referring to subsequent judicial treatment of the case) were found in any description.
Pulukuri Kottaya and others VS Emperor - 1946 0 Supreme(SC) 49: Treatment unclear. The description summarizes the main legal point on interpretation of S. 162 Cr.P.C. and S. 27 Evidence Act, with no keywords or phrases (e.g., "followed," "overruled") indicating how this case was treated in subsequent decisions. It appears to be a holding summary only.
Bodh Raj VS State Of J & K - 2002 6 Supreme 154: Treatment unclear. Although the word "followed" appears ("High Court followed correct principles"), it describes the High Court's approach in this case's facts and circumstances, not subsequent decisions following or treating this case. No other treatment indicators present; appears to be a holding summary.
Mulakh Raj etc. VS Satish Kumar - Crimes (1992): Treatment unclear. The description states a rule on circumstantial evidence for murder convictions, with no keywords or phrases indicating judicial treatment by subsequent decisions. Appears to be a holding summary only.
Udai Bhan VS State Of U. P. - 1962 0 Supreme(SC) 32: Treatment unclear. The description summarizes admissibility under S. 27 Evidence Act, with no keywords or phrases (e.g., "followed," "distinguished," "overruled") indicating treatment in subsequent decisions. Appears to be a holding summary only.
(1) Circumstantial evidence – In cases based on circumstantial evidence, motive is not an absolute necessity when chain of circumstances is otherwise complete and points conclusively to guilt of accu....
The prosecution must establish an unbroken chain of evidence beyond reasonable doubt for conviction, failing which the accused is entitled to acquittal.
(1) Circumstantial evidence – It is necessary for prosecution that circumstances from which conclusion of guilt is to be drawn should be fully established. Suspicion, however strong it may be, cannot....
The court affirmed that circumstantial evidence, when established beyond reasonable doubt, can support convictions for murder and conspiracy, emphasizing the necessity of a complete chain of evidence....
The judgment establishes that circumstantial evidence must form a complete, unbroken chain directly linking the accused to the crime, which warranted a life sentence in this case.
The court held that mere suspicion is insufficient for a conviction; a complete chain of circumstantial evidence is required to establish guilt beyond a reasonable doubt.
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