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VIPUL M. PANCHOLI, ALOK KUMAR PANDEY
Sarba Singh – Appellant
Versus
State of Bihar – Respondent
Vipul M. Pancholi, J. – Both these appeals, filed under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’), are directed against the judgment of conviction dated 30.07.1996 and order of sentence dated 31.07.1996, passed by learned 2nd Additional District & Sessions Judge, Saran, Chapra in Sessions Trial No.917 of 1994/31 of 1994, arising out of Rivilganj P.S. Case No.126/93, whereby the appellants have been convicted for the offences punishable under Section 302 read with Section 34 of the Indian Penal Code and they have been sentenced to undergo imprisonment for life.
2. The prosecution case, in brief, is that on 13.12.1993 at 04:00 A.M., the fardbeyan of the informant, namely, Srinath Singh was recorded by A.S.I. on the embankment of village Raipura, Nawada wherein it is alleged that on 12.12.1993 at 05:00 P.M., his son Lagan Deo Singh (deceased) had gone to Rivilganj market along with four accused persons, namely, Sarba Singh, Upendra Singh, Nag Narayan Singh and Amresh Singh. The deceased did not return home till 08:00 P.M. in the night. At about 10:00 P.M., Ramashankar Singh came to his house, called him and told that the guardians of
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.
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....
In criminal law, the prosecution must prove guilt beyond reasonable doubt; inconsistencies and lack of direct evidence can lead to acquittal.
The court upheld the conviction based on circumstantial evidence, establishing a clear motive and reliable witness testimonies linking the appellant to the murder.
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