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VIPUL M. PANCHOLI, ANSHUMAN
Abdul Alim – Appellant
Versus
State of Bihar – Respondent
Vipul M. Pancholi, J.—The present appeal, filed under Sections- 374(2) and 389(1) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘Code’), arises out of the judgment of conviction dated 21.08.2017 and the order of sentence dated 25.08.2017 passed by learned Additional Sessions Judge, XIV, Muzaffarpur, in S.T. No.114 of 2006, arising out of Karja P.S. Case No.88 of 2005, whereby and whereunder the appellants have been convicted for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code (hereinafter referred to as ‘IPC’) and have been sentenced to undergo imprisonment for life and a fine of Rs. 5,000/- each for the offence under Section 302 of IPC, rigorous imprisonment for three years and a fine of Rs. 5000/- each for the offence under Section 201 of IPC. In default of payment of fine, they have been ordered to undergo three months simple imprisonment each. All the sentences have been ordered to run concurrently and period spent under trial will be counted under sentences.
2. The prosecution story in brief is as under:—
2.1. The prosecution case is based on the fardbeyan of the informant Jaffar Alam, recorded by the Officer-In- Charge of
The court upheld the conviction based on circumstantial evidence, establishing a clear motive and reliable witness testimonies linking the appellant to the murder.
The court upheld the conviction under IPC Section 302, emphasizing that circumstantial evidence must form a complete chain, proving guilt beyond reasonable doubt without the accused providing an adeq....
The judgment underscores the necessity of establishing a complete chain of circumstances and the guilt of the accused beyond reasonable doubt in cases based on circumstantial evidence.
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