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RAMESH SINHA, BIBHU DATTA GURU
Mohd. Yasin – Appellant
Versus
State of Chhattisgarh Through the Station House Officer – Respondent
JUDGMENT ON BOARD
Ramesh Sinha, CJ.—The appellants have preferred this appeal under Section 374(2) of Code of Criminal Procedure, 1973 (for short, ‘CrPC’) questioning the impugned judgment of conviction and order of sentence dated 03.03.2022 passed by the First Additional Sessions Judge, Raipur (C.G.) in Sessions Trial No. 211/2017, whereby the trial Court has convicted and sentenced the appellants with a direction to run all the sentences concurrently in the following manner:
For Appellant No.1 Mohd. Yasin :
| Conviction | Sentence |
| U/s 341 of IPC | Rigorous imprisonment for 01 month and fine of Rs. 500/- and in defaults of payment of fine amount, additional RI for 07 days |
| U/s 302 of IPC | Life imprisonment and fine of Rs. 1,000/ and in default of payment of fine amount, additional RI for 03 months |
| U/s 27 of the Arms Act | Rigorous imprisonment for 07 years and fine of Rs. 1,000/- and in defaults of payment of fine amount, additional RI for 03 months |
| Conviction | Sentence |
| U/s 341 of IPC | Rigorous imprisonment for 01 month and fine of Rs. 500/- and in defaults of payment of fine amount, additional RI for 07 days |
| U/s 302 of IPC | Life imprisonm |
(1) Murder – Mere recovery of weapon from appellants cannot become basis of conviction when there is no established motive for commission of offence.(2) Test identification – Identification in Court ....
The prosecution must prove the guilt of the accused beyond a reasonable doubt; mere suspicion is insufficient for conviction.
(1) Conviction in a criminal trial is required to be certain and not doubtful. Burden of proof of guilt of accused is upon prosecution. It must stand by itself. (2) Cr.P.C does not oblige investigati....
Point of law: Conviction set aside - Real and reasonable doubt as to the guilt of the appellants - Conviction in a criminal trial is required to be certain and not doubtful
Murder – Conviction set aside - Conviction in a criminal trial is required to be certain and not doubtful - Burden of proof of- guilt of an accused is upon prosecution
Appellate interference in acquittal justified only if perverse or unreasonable; unexplained FIR delay, absent test identification parade, omnibus allegations, and dubious night identification uphold ....
The main legal point established in the judgment is the reliance on eyewitness testimonies, recovery of murder weapons, and identification of the accused to prove guilt beyond reasonable doubt in a m....
A conviction under Section 396 IPC requires proof of participation by five or more individuals, which was not established in this case, leading to the acquittal of the appellant.
Point of Law : Test identification report do not constitute substantive evidence and its corroboration from the surrounding circumstance is required.
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