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ASHWANI KUMAR SINGH, ANIL KUMAR SINHA
Soni Devi – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT
Ashwani Kumar Singh, J. - Heard Mr. Anirudh Kumar Sinha, learned counsel for the appellant and Mr. Ajay Mishra, learned Additional Public Prosecutor for the State.
2. This appeal is directed against the judgment of conviction dated 1st December, 2018 and the consequent order of sentence dated 5th December, 2018 passed by the learned Presiding Officer, Fast Track Court-I, Nalanda at Bihar Sharif in Sessions Trial Case No. 291 of 2012/ C.N.R. No. 0070 of 2012 arising out of Sohsarai PS. Case No. 134 of 2011 whereby and whereunder the sole appellant has been convicted for the offences punishable under Sections 302 and 201 of the Indian Penal Code (for short 'IPC') and sentenced to undergo rigorous imprisonment for life besides a fine of Rs.25,000/- for the offence under Section 302 of the IPC and in default of payment of fine to further undergo rigorous imprisonment for three years and rigorous imprisonment for five years and a fine of Rs.5,000/- for the offence under Section 201 of the IPC and in default of payment of fine to further under rigorous imprisonment for six months. However, both the sentences were directed to run concurrently.
3. The First Information Report (for sh
Convictions based on circumstantial evidence must establish a reliable chain linking the accused to the crime beyond reasonable doubt.
Circumstantial evidence must establish a conclusive chain consistent with the accused's guilt; suspicion cannot replace proof beyond reasonable doubt in criminal convictions.
Another important aspect to be considered in a case resting on circumstantial evidence is the lapse of time between the point when the accused and deceased were seen together and when the deceased is....
The court upheld the conviction based on circumstantial evidence, establishing a clear motive and reliable witness testimonies linking the appellant to the murder.
A conviction for murder under Section 302 IPC cannot be sustained solely on the basis of last-seen evidence without corroborative proof and a clear motive, as established by the principles governing ....
Circumstantial evidence must be fully established beyond reasonable doubt, with the burden shifting to the accused after the prosecution proves its case.
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