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RAMESH SINHA, BIBHU DATTA GURU
Vijay Gandharv S/o Rohit Gandharv – Appellant
Versus
State Of Chhattisgarh – Respondent
JUDGMENT :
Per Ramesh Sinha, Chief Justice
1. Since the aforesaid five criminal appeals have been filed against the impugned judgment dated 5.2.2021 passed by the Additional Sessions Judge, Bemetara in Sessions Case No.19/2019, they were clubbed & heard together and being disposed of by this common judgment.
2. Appellants-Vijay Gandharv (A1), Jaypal @ Palu Kaushik (A2), Harish Sahu (A3), Vikas Sahu (A4), Siyaram Saiyyam (A5) and Pawan Nirmalkar (A6) have preferred these five criminal appeals under Section 374(2) of the CrPC questioning the impugned judgment dated 5.2.2021 passed by the Additional Sessions Judge, Bemetara in Sessions Case No.19/2019, by which they have been convicted for offences under Sections 364/34, 120B, 201 and 302/34 and sentenced undergo RI for three years and fine of Rs.500/-, RI for five years and fine of 500/-, RI for two years and fine of Rs.500/-, imprisonment for life and fine of Rs.500/-, in default of payment of fine to further undergo SI for two months for each defaults. The trial Court has also convicted appellant-Vikas Sahu for offence under Section 170 of the IPC and sentenced to undergo RI for one year and fine of Rs.500/-, in default of payment of
The court affirmed the conviction of the appellants for murder based on circumstantial evidence and valid identification, while acquitting one appellant due to insufficient evidence.
Circumstantial evidence – Where a case rests squarely on circumstantial evidence, inference of guilt can be justified only when all incriminating facts and circumstances are found to be incompatible ....
The judgment establishes that circumstantial evidence must form a complete, unbroken chain directly linking the accused to the crime, which warranted a life sentence in this case.
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 based on circumstantial evidence, particularly the last seen theory, is valid when corroborated by subsequent events and evidence, establishing the accused's guilt beyond reasonable do....
(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....
Point of Law : Prosecution was successful in establishing the entire chain of circumstances, which lead the court to believe that there was motive behind the crime and all the accused have hatched cr....
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.
Long delay in holding test identification parade will weaken prosecution case.
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