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SANJAY K. AGRAWAL, RAKESH MOHAN PANDEY
Shashi Pratap Singh @ Sonu, S/o Shiv Pratap Singh – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
Rakesh Mohan Pandey, J.
1. The instant criminal appeal filed by the appellants herein under Section 374(2) of the Cr.P.C. challenging therein judgment of conviction and order of sentence passed by the Additional Sessions Judge, Katghora, District Korba (C.G.) dated 14.08.2013 in Sessions Trial No. 67/2012, whereby each of the appellants has been convicted and sentenced as under:-
| Conviction | Sentence |
| Under Section 302/34 of the Indian Penal Code (for short 'IPC') | Rigorous Imprisonment for life and fine of Rs.1,000/-, in default of payment to further undergo rigorous imprisonment for six months. |
| Under Section 201/34 of IPC | Rigorous Imprisonment for three years and fine of Rs.500/, in default of payment to further undergo rigorous imprisonment for five months. |
| It is also directed that all the sentences shall run concurrently | |
2. Case of the prosecution, in short, is that the appellants along with co-accused Vikky Lakra (acquitted by the trial Court) in furtherance of their common intention in between 11.05.2012 and 21.05.2012 ne
Circumstantial evidence alone, especially the last seen theory without corroboration, is insufficient for conviction; guilt must be established beyond reasonable doubt.
Under Section 299 of IPC, homicide becomes culpable when a human being terminates life of another in a blameworthy manner.
The sufficiency of circumstantial evidence and the last seen theory in establishing the guilt of the accused.
In criminal cases relying on circumstantial evidence, the prosecution must establish a complete chain of circumstances beyond reasonable doubt, leaving no room for alternative hypotheses of innocence....
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