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SANJAY K. AGRAWAL, ARVIND SINGH CHANDEL
Ravindra @ Ravi Sonkar, S/o Ramsamuj Sonkar – Appellant
Versus
State of Chhattisgarh through Out Post P. S. Chawani, District Durg, Chhattisgarh – Respondent
Judgment On Board :
Arvind Singh Chandel, J.
1. The instant appeal has been moved against the judgment dated 25.1.2017 passed by the Additional Sessions Judge, Durg in Sessions Trial No.11/2013, whereby the appellants have been convicted and sentenced as under:
| Conviction | Sentence |
| Under Section 302 read with Section 34 of the Indian Penal Code | Life Imprisonment and fine of Rs.5,000 each, in default of payment of fine, additional rigorous imprisonment for 1 year |
| Under Section 120B of the Indian Penal Code | Rigorous Imprisonment for 5 years and fine of Rs.2,000 each, in default of payment of fine, additional rigorous imprisonment for 6 months |
Additional Conviction and Sentence of Appellants Ravindra @ Ravi Sonkar, Shiva Sonkar and Dayal Prakash
| Conviction | Sentence |
| Under Section 25 of the Arms Act | Rigorous Imprisonment for 1 year and fine of Rs.1,000 each, in default of payment of fine, additional rigorous imprisonment for 1 month |
2. In this case, name of deceased is Mustkim. According to the case of prosecution, on 9.9.2012, PW1 Abdul Kayum alias Raja went along with Mustkim to his house where Sonu, Arif and Bantu were present.
The main legal point established in the judgment is the requirement for wholly reliable testimony from a single eyewitness and the need for corroboration in material particulars by reliable testimony....
Point of Law : Any outsider or stranger committing a crime of murder, in which event, identification of assailant becomes very critical and crucial but in light of evidences as brought on record, ide....
Eyewitness testimony, even from an interested witness, can sustain a conviction if corroborated by credible evidence and circumstances.
Point of law: Conviction set aside - Real and reasonable doubt as to the guilt of the appellants - Conviction in a criminal trial is required to be certain and not doubtful
The judgment established the principle that the evidence of a single eyewitness must be reliable and corroborated by independent evidence from the attending circumstances of the case. The court empha....
(1) Evidence cannot be disbelieved merely on the ground that witnesses are related to each other or to deceased.(2) Plea of alibi has to be weighed against positive evidence led by prosecution.
The court upheld the conviction based on credible eyewitness testimony and circumstantial evidence, emphasizing the reliability of related witnesses and the 'chain link theory' in establishing guilt.
Section 162 of the CrPC states as Explanation. - An omission to state a fact or circumstance in the statement referred to in sub-section (1) may amount to contradiction if the same appears to be sign....
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