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IN THE HIGH COURT OF JUDICATURE AT PATNA
MOHIT KUMAR SHAH, SONI SHRIVASTAVA
Raja Kumar Goswami Son of Late Kapil Goswami – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
MOHIT KUMAR SHAH, J.
The aforesaid appeals preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘CrPC’) arise out of the same judgment of conviction and order of sentence dated 12.12.2019 and 13.12.2019 respectively, hence the aforesaid appeals have been heard together and are being disposed off by the present common judgment. By the said judgment of conviction dated 12.12.2019, passed by the Learned Additional District and Sessions Judge-1st, Jehanabad (herein after referred to as the ‘Ld. Trial Judge’) in Sessions Trial No. 76 of 2017/14 of 2017 (arising out of Jehanabad P.S. Case No. 296 of 2016), the appellants of the first, third and fourth case have been convicted under Sections 302/201/120(B) read with Section 149 of the Indian Penal Code (hereinafter referred to as the ‘IPC’) while the appellants of the second, fifth and sixth case have been convicted under Sections 201/120(B) read with Section 149 of the IPC. By the order of sentence dt. 13.12.2019, the appellants of the 1st, 3rd and 4th case have been sentenced to undergo rigorous imprisonment (RI) for life under Sections 302/ 120(B) read with Section 149 of the
The court held that mere suspicion is insufficient for a conviction; a complete chain of circumstantial evidence is required to establish guilt beyond a reasonable doubt.
Provisions of Section 106 of Evidence Act itself are unambiguous and categoric in laying down that when any fact is especially within knowledge of a person, burden of proving that fact is upon him.
The court affirmed that circumstantial evidence, when established beyond reasonable doubt, can support convictions for murder and conspiracy, emphasizing the necessity of a complete chain of evidence....
The conviction of the appellants for murder and conspiracy was upheld based on circumstantial evidence, establishing a common intention to kill for financial gain through witchcraft.
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