Back
RAMESH SINHA, RAVINDRA KUMAR AGRAWAL
Lavkush Shukla, S/o Ravindra Nath Shukla – Appellant
Versus
State of Chhattisgarh – Respondent
| Table of Content |
|---|
| 1. overview of the case and prior proceedings (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments presented by both parties (Para 10 , 11) |
| 3. analysis of evidence regarding declaration of injuries and observations regarding witnesses (Para 12 , 14 , 20 , 21) |
| 4. arguments from both sides during the appeal. (Para 18) |
| 5. circumstantial evidence and lack of direct links to the accused (Para 24 , 35 , 39) |
| 6. conclusion and acquittal of the accused based on insufficient evidence (Para 55 , 56 , 57) |
JUDGMENT :
Ravindra Kumar Agrawal, J.
1. Since both the appeals arise out of same crime and same sessions case, they are being heard and decided together by this common judgment.
2. Both the appeals arise out of judgment dated 05.07.2022 passed by the 9th Additional Sessions Judge, Raipur, in Sessions Case No.231 of 2019 whereby the accused persons have been convicted for the offence under Sections 120-B and 302 IPC and sentenced them to undergo RI for life imprisonment with fine of Rs. 2000/- and RI for life imprisonment with fine of Rs. 2000/- respectively, in default of payment of fine, further RI for 1-1 year respectively. The sentences are directed to run concurrently.
3. Brief facts of the case
In criminal cases based on circumstantial evidence, the prosecution must establish a complete and unbroken chain of circumstances that excludes any reasonable doubt of the accused's innocence.
In criminal cases based on circumstantial evidence, every link in the evidence chain must be fully established, with a complete narrative supporting the conclusion of guilt; mere suspicion is insuffi....
(1) Circumstantial evidence – It is necessary for prosecution that circumstances from which conclusion of guilt is to be drawn should be fully established. Suspicion, however strong it may be, cannot....
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.
The main legal point established in the judgment is the requirement for the prosecution to prove criminal conspiracy beyond all reasonable doubts and the reliance on circumstantial evidence to establ....
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
