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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR
N.B.SURYAWANSHI, M.W.CHANDWANI
Prakash Trinath Jalwar – Appellant
Versus
State of Maharashtra, Through Police Station Officer, Chandrapur – Respondent
JUDGMENT :
(M.W. CHANDWANI, J.) :
This appeal takes exception to the judgment and order of conviction dated 10.05.2018 passed by the learned Additional Sessions Judge, Chandrapur in Session Case No.98/2016 thereby convicting the appellant (accused no.1) for the offence punishable under Sections 302, 460 and 201 of the Indian Penal Code (for short, “IPC”) and sentencing him to suffer rigorous imprisonment for life and a fine of Rs.5,000/-, rigorous imprisonment for three years and a fine of Rs.2,000/- and rigorous imprisonment for one year and a fine of Rs.1,000/- respectively with a default clause.
The case of the prosecution can be summarized in a narrow compass as under:
2. On 01.09.2015, Sachin Jungari (PW1) received information on the phone that his father-in-law/Dr. Jogi and mother-in-law/Mrs. Sudha Jogi are no more and therefore, he alongwith his wife Smita (PW14) and other relatives came to village Nanda. When they entered into the house of Dr. Jogi, they found that Dr. Jogi and Mrs. Jogi were lying in the pool of blood and they were murdered by some unknown person. Articles in the house were scattered. On search, Sachin (PW1) and Smita (PW14) found that one LED TV, DVD player,
Circumstantial evidence must form a complete chain pointing to guilt, excluding any possibility of innocence, to sustain a conviction for murder and robbery.
Circumstantial evidence murder conviction cannot rest on solitary unproven recovery of stolen property without complete chain; accused's probable explanation on preponderance of probability entitles ....
Circumstantial evidence must establish a complete and unbroken chain pointing to the guilt of the accused, with no plausible alternative explanations.
Circumstantial evidence must form an unbroken chain pointing solely to the guilt of the accused; confessions made in police custody are inadmissible unless they lead to the discovery of facts.
In cases based on circumstantial evidence, the prosecution must establish a complete chain of circumstances and a motive for the crime to secure a conviction.
Possession of stolen property establishes presumption of guilt in murder and robbery cases, despite delays in recovery; the link between offenses must be clear and established.
In criminal cases based on circumstantial evidence, the prosecution must establish a complete chain of circumstances beyond reasonable doubt to secure a conviction.
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