Back
MOHIT KUMAR SHAH, SONI SHRIVASTAVA
Ranjeet Chaudhary – Appellant
Versus
State of Bihar – Respondent
Mohit Kumar Shah, J.—Heard the learned counsel for the appellants of the aforesaid two appeals as also learned APP for the State, Mr. Sujit Kumar Singh on the issue of suspension of sentence and grant of bail to the aforesaid two appellants.
2. The aforesaid two appeals have been preferred against the same judgment of conviction and order of sentence dated 21.10.2024 and 12.11.2024 respectively, passed by the learned District & Additional Sessions Judge-V, Rohtas at Sasaram in Sessions Trial Case No. 97 of 2004 (arising out of Sanjhauli P.S. Case No. 50 of 2003) whereby and whereunder while both the appellants have been convicted under Section 302/34 of the Indian Penal Code (hereinafter referred to as ‘the I.P.C.’), the appellant of the first case has also been convicted under Section 27 of the Arms Act. By the order of sentence dated 12.11.2024, the appellants have been sentenced to undergo rigorous imprisonment for life under Section 302/34 of the I.P.C. with fine of Rs.10,000/- and in the event of non-payment of the same, they have been further directed to undergo rigorous imprisonment for two years. As far as appellant of the first case is concerned, he has also been sentenced
Suspicion alone cannot replace proof beyond reasonable doubt; strong circumstantial evidence is essential for conviction.
The sufficiency and reliability of circumstantial evidence, including the last seen theory, motive, abscondence, and recovery of evidence, in establishing guilt beyond reasonable doubt.
The court upheld the conviction for murder based on circumstantial evidence, emphasizing the last seen theory and the accused's failure to explain the circumstances of the death.
In a murder conviction based on circumstantial evidence, multiple corroborative factors, including the last seen theory and absence of alternative explanations, can establish guilt beyond reasonable ....
The main legal point established in the judgment is the requirement for the prosecution to establish guilt beyond reasonable doubt, especially in cases based on circumstantial evidence.
For a conviction based on circumstantial evidence, the prosecution must establish a complete, coherent chain of circumstances excluding all reasonable hypotheses of innocence.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
