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SANJAY K. AGRAWAL, RAKESH MOHAN PANDEY
Birbal Singh, Son of Shuru Singh – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
Sanjay K. Agrawal, J
This criminal appeal filed by the appellant-accused under Section 374(2) of Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dated 27.11.2010, passed by the Court of learned Additional Sessions Judge (F.T.C.), Pendra Road, District Bilaspur (C.G.) in S.T. No.09/2010, whereby the appellant-accused has been convicted for offences: under Section 449 of IPC and sentenced to undergo life imprisonment with fine of Rs.100/- and, in default of fine, additional rigorous imprisonment for 01 month; under Section 376 of IPC and sentenced to undergo life imprisonment with fine of Rs.100/- and, in default of fine, additional rigorous imprisonment for 01 month; under Section 201 of IPC and sentenced to undergo rigorous imprisonment for 07 years with fine of Rs.100/- and, in default of fine, additional rigorous imprisonment for 01 month and under Section 302 of IPC (for committing murder of Shyamvati and her son-Neel Singh) and sentenced to undergo life imprisonment with fine of Rs.100/- (on 02 counts) and, in default of fine, additional rigorous imprisonment of 01 month (02 counts).
(2) The case of the prosecution, in brief, is tha
The main legal point established in the judgment is that in cases based on circumstantial evidence, the prosecution must prove the guilt of the accused beyond reasonable doubt, and the evidence prese....
The court upheld the conviction based on established circumstantial evidence, affirming that all necessary conditions for such conviction were met.
Merely because motive is established, solely on that basis accused cannot be convicted under Section 302 of IPC.
The court emphasized that circumstantial evidence must form a complete and unbroken chain to establish the guilt of the accused beyond reasonable doubt.
In criminal cases based on circumstantial evidence, the prosecution must provide a complete and unbroken chain of evidence that conclusively points to the guilt of the accused, failing which the accu....
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