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A. M. BADAR, RAJESH KUMAR VERMA
Sonu Akhtar Khan – Appellant
Versus
State of Bihar – Respondent
A. M. BADAR, J.:–By this appeal, appellant/convicted accused Sonu Akhtar Khan is challenging the judgment and order dated 14th March 2014 and 22nd March 2014 respectively, passed by the learned 5th Additional Sessions Judge, East Champaran, Motihari, in Sessions Case No. 29 of 2012/27 of 2012, thereby convicting him of offences punishable under Sections 364A, 302, 120B and 201 of the Indian Penal Code. For the reasons best known to it, the learned trial court had not sentenced the accused for the offence punishable under Section 120B of the Indian Penal Code. For the offence punishable under Section 364A of the Indian Penal Code, he is sentence to suffer imprisonment for life apart from imposition of fine of Rs. 50,000/- and in default to undergo simple imprisonment for six months. For the offence punishable under Section 302 of the Indian Penal Code, similar sentence was imposed on him. For the offence punishable under Section 201 of the Indian Penal Code, the appellant is sentenced to undergo rigorous imprisonment for three years apart from fine of of Rs. 10,000/- and in default to undergo rigorous imprisonment for three months. For the sake of convenience, the appellant shall be
Circumstantial evidence can establish guilt if it forms a complete chain pointing to the accused, even without direct evidence.
The main legal point established is the requirement for corroborative evidence to establish guilt, the limitations of the memorandum statement under Section 27 of the Evidence Act, and the inadmissib....
It is a settled legal proposition that conviction of a person accused of committing an offence, is generally based solely on evidence that is either oral or documentary, but in exceptional circumstan....
The judgment establishes that circumstantial evidence, including the last seen together principle and admissibility of disclosure statements, can be sufficient for a murder conviction, provided there....
Murder Charge - When a murder charge is to be proved solely on circumstantial evidence, as in this case, presumption of innocence of the accused must have a dominant role.
The burden of proof lies with the prosecution to establish guilt beyond reasonable doubt, requiring all circumstantial evidence to exclude reasonable hypotheses of innocence.
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