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ASHUTOSH KUMAR, JITENDRA KUMAR
Surendra Singh @ Surendra Kumar @ Surendar Singh @ Surendar Kumar – Appellant
Versus
State of Bihar – Respondent
Ashutosh Kumar, J.—All the three appeals have been heard together and are being disposed of by this common judgment.
2. There was no appearance on behalf of the appellant/Surendra Singh @ Surendra Kumar @ Surendar Singh @ Surendar Kumar in Cr. Appeal (DB) No. 107 of 2016.
3. Mr. Sunil Kumar, the learned Advocate has appeared for appellant/Binod Kumar @ Vinod Prasad in Cr. Appeal (DB) No. 326 of 2016. Mr. Aruni Singh, the learned Advocate has appeared for the appellants/ Kameshwar Singh and Upendra Singh in Cr. Appeal (DB) No. 140 of 2016.
4. At our request, both Mr. Sunil Kumar and Mr. Aruni Singh have assisted us in the appeal of appellant / Surendra Singh @ Surendra Kumar ( Cr. Appeal (DB) No. 107 of 2016).
5. The State has been represented by Mr. Abhimanyu Sharma and Mr. Bipin Kumar, the learned Additional Public Prosecutors in all the three appeals.
6. Mr. Paras Nath, the learned Advocate has appeared on behalf of the informant in all the three appeals.
7. By Judgment dated 08.12.2015 passed by the learned Additional Sessions Judge-XI, Patna in Sessions Trial No. 840 of 2014, all the four appellants have been convicted under Sections 364A/34, 120B, 302 and 201 of the Indian Penal Cod
In cases of circumstantial evidence, the chain of events must be complete and unbroken. Conviction cannot rest on inadmissible police statements or unverified recoveries. Failure to establish motive,....
For a conviction based on circumstantial evidence, the prosecution must establish a complete chain of circumstances that unerringly point to the guilt of the accused, and confessions made in police c....
The prosecution must establish a complete chain of circumstances and motive in murder cases; failure to do so warrants acquittal.
The court ruled that circumstantial evidence and confessions were insufficient to establish guilt beyond reasonable doubt, leading to the acquittal of the appellants.
The prosecution must establish a complete chain of circumstantial evidence beyond reasonable doubt for a conviction; mere suspicion is insufficient.
Circumstantial evidence – Where a case rests squarely on circumstantial evidence, inference of guilt can be justified only when all incriminating facts and circumstances are found to be incompatible ....
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