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SANJAY K. AGRAWAL, AMITENDRA KISHORE PRASAD
Ajeet Singh Kanwar, S/o. Shri Samaru Singh Kanwar – Appellant
Versus
State of Chhattisgarh, through Station House Officer, Bankimongra, District Korba (C. G. ) – Respondent
JUDGMENT :
Sanjay K. Agrawal, J.
1. Invoking criminal appellate jurisdiction of this Court, the present two criminal appeals, under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, ‘CrPC’) has been filed by three appellants herein i.e. A-1 Manoj Soni and A-2 Monu @ Gajpati Soni, who have filed Criminal Appeal No.372 of 2018, and A-3 Ajeet Singh Kanwar, who has filed Criminal Appeal No.366 of 2018, calling in question the legality, validity and correctness of the Judgment dated 22.2.2018 passed by learned Special Judge under Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, District Korba (Trial Court) in Special Criminal Case No.03 of 2017.
2. By the impugned Judgment dated 22.2.2018, each of the three appellants herein (A-1, A-2 & A-3) has been convicted for offences under Sections 147, 148 and 302/149 of the Indian Penal Code, 1860 (for short, ‘IPC’) and sentenced to undergo Rigorous Imprisonment for 06 months and to pay Fine of Rs.100/- and in default of payment of fine to suffer additional Rigorous Imprisonment for 15 days for offence under Section 147 of IPC, to undergo Rigorous Imprisonment for 01 year and to pay Fine of Rs.200/- and in default
The court ruled that witness testimonies must be corroborated by additional evidence to sustain a conviction, especially when significant omissions exist in the FIR.
Circumstantial evidence – Principle applicable to circumstantial evidence requires that facts must be consistent with hypothesis of guilt of accused.
The main legal point established in the judgment is the requirement for the testimony of a sole eyewitness to be wholly reliable and corroborated by other evidence, failing which the accused may be e....
Point of law: Every person who witnesses a murder reacts in his own way. Some are stunned, become speechless and stand rooted to the spot. Some become hysteric and start wailing. Some start shouting ....
Conviction based solely on testimonies of related witnesses is unsafe without independent corroboration, as evidenced by inconsistencies and lack of physical evidence.
The prosecution must prove the guilt of the accused beyond a reasonable doubt, and inconsistencies in witness testimonies can lead to the acquittal of the accused.
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