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PANKAJ MITHAL, PRASANNA B. VARALE
Uperndra Khare – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
PRASANNA B. VARALE, J.
1. The present criminal appeal is directed against the final judgment and order dated 21.06.2012 passed by the Division Bench of the High Court of Madhya Pradesh at Jabalpur in Criminal Appeal No. 2330/2007. By the impugned judgment and order High Court dismissed the appeal filed by the appellant and upheld the order of First Additional Sessions Judge, Satna [hereinafter referred to as “Trial Court”] passed in Session Case No. 405/2002 thereby convicting the accused-appellant under Section 302 of Indian Penal Code, 18603 and sentencing him to life imprisonment and pay a fine of Rs. 1,000/-, and in default of payment of fine, to further undergo R.I. for 1 year.
BRIEF FACTS
2. The factual matrix of the case is that on 20.07.2002, around 6:05 Hours in the morning, information was received at PS City Kotwali, Satna by one named Anupam Shukla [hereinafter referred to as “informant”] that his cousin brother Rajesh Shukla could not be reached out after he met him on 18.07.2002. Upon visiting the house of Rajesh Shukla on the morning of 20.07.2002, the informant found the back door of the house open and, on entering the premises, discovered Rajesh Shukla, his wi
The court ruled that circumstantial evidence must form a complete chain to establish guilt beyond reasonable doubt, emphasizing the need for corroboration and the benefit of doubt for the accused.
The conviction of accused cannot be sustained when circumstantial evidence lacks cogent linkage to the crime, and eyewitness testimony is deemed unreliable.
The judgment establishes that minor discrepancies in witness testimonies, which do not materially affect the case, cannot be the basis for doubting the prosecution's case.
The conviction under Section 302 IPC was overturned due to insufficient circumstantial evidence and unreliable witness testimony, emphasizing the defendant's entitlement to the benefit of doubt.
It is also well settled that if other evidence on record clearly establishes that the deceased was murdered by a person, then the factum of motive loses its importance.
Criminal Law – Appeal against conviction – Theory of last seen – Reliability of - The last seen theory comes into play where the time gap between point of time when Accused and deceased were seen las....
A conviction based solely on circumstantial evidence requires a complete and unbroken chain, with reasonable doubt favoring the accused.
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