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RAJANI DUBEY, SANJAY KUMAR JAISWAL
Jitendra Sen, S/o. Manharan Sen – Appellant
Versus
State of Chhattsgarh Through the Station House Officer, Police Station- Parpodi, Chhattisgarh – Respondent
JUDGMENT :
Rajani Dubey, J.
1. The present appeal under Section 374(2) of Code of Criminal Procedure has been filed against the the judgment of conviction and order of sentence dated 17.12.2019 passed by learned Sessions Judge, Bemetara, District- Bemetara (C.G.) in Sessions Case No. 16/2019 whereby the trial court has convicted the appellant and sentenced him as under:-
| Conviction | Sentence |
| U/s 302 of IPC | Life imprisonment and fine of Rs.100/- and in default of payment of fine, additional imprisonment for 3 months |
2. Facts of the case in nut shell are that on 25.12.2018, deceased-Indira Bai was in the house along with her Aunt Sabana Bai & Grandmother Baisakhin Bai. On the same day Mantruram returned to his home and enquired about the deceased- Indira Bai and then he came to know that she was not at home. During search, he came to know that his daughter- Indira Bai was lying dead at Neelgiri farm. The appellant was chasing the deceased for last one year for which Mantruram & his wife restrained them for talking to each other. On the date of the incident, the appellant called the deceased at Neelgiri farm and strangled her by her scarf. On the basis of morgu
The prosecution must prove homicidal death beyond reasonable doubt; circumstantial evidence alone, including last seen theory, is insufficient for conviction.
Circumstantial evidence alone, especially the last seen theory without corroboration, is insufficient for conviction; guilt must be established beyond reasonable doubt.
The main legal point established is the requirement for corroborative evidence to establish guilt, the limitations of the memorandum statement under Section 27 of the Evidence Act, and the inadmissib....
Circumstantial evidence alone, without corroboration, is insufficient for conviction; inconsistencies in witness testimonies weaken the prosecution's case.
A conviction based solely on circumstantial evidence requires a complete and conclusive chain of circumstances that excludes any reasonable doubt regarding the accused's innocence.
A conviction for murder based solely on circumstantial evidence, such as 'last seen together', requires a complete chain of evidence and cannot depend solely on suspicion or uncorroborated statements....
The sufficiency of circumstantial evidence and the last seen theory in establishing the guilt of the accused.
Conviction under IPC Section 302 cannot rely solely on circumstantial evidence of 'last seen together' without corroboration; mere suspicion is insufficient for guilt.
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