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VIPUL M. PANCHOLI, ALOK KUMAR PANDEY
Sudama Ram – Appellant
Versus
State of Bihar – Respondent
Vipul M. Pancholi, J.—Both the appeals have been filed under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred as ‘Code’) challenging the judgment of conviction dated 26.09.2018 and order of sentence dated 03.10.2018 passed by learned Fast Track Court-Ist, Rohtas, Sasaram in Sessions Trial No. 285/93, arising out of Shivsagar (Baddi) P.S. Case No. 34 of 1992, whereby the concerned Trial Court has convicted the present appellants for the offences punishable under Sections 302/34, 201 of the Indian Penal Code and Section 25(A)/27 of the Arms Act and sentenced them for the offence under Section 302/34 of the Indian Penal Code to go rigorous imprisonment for life, for offence under Section 201 of the Indian Penal Code rigorous imprisonment for three years, for the offence under Section 27 of the Arms Act rigorous imprisonment for three years. All the sentences have been directed to run concurrently.
1.1. Since, both these appeals arise out of common judgment and order, they have been heard together and are being disposed of by this common judgment.
FACTUAL MATRIX:
2. The crux of the prosecution case is as under:—
2.1. The informant, on 06.03.1992 at 10:00 p.m., i
Convictions based on circumstantial evidence must establish a reliable chain linking the accused to the crime beyond reasonable doubt.
Conviction based solely on confessions of co-accused is insufficient; prosecution must provide corroborating evidence establishing guilt beyond reasonable doubt.
In circumstantial evidence cases without eyewitnesses, conviction unsustainable if chain incomplete due to hostile seizure witnesses, recovery contradictions, and improper reliance on s.161 CrPC stat....
The prosecution failed to establish a complete chain of circumstantial evidence required for a conviction in a murder case, rendering the conviction legally unsound.
Confessions of co-accused are inadmissible against another unless tried jointly; conviction based solely on such confessions violates evidentiary standards.
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