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RAJANI DUBEY, SANJAY KUMAR JAISWAL
Kishore Sahu @ Raja Sahu S/o Yashwant Sahu – Appellant
Versus
State Of Chhattisgarh – Respondent
JUDGMENT :
Per Rajani Dubey, J
Since both these appeals arise out of the judgment of conviction and order of sentence dated 31.1.2020 passed by VIII Additional Sessions Judge, Raipur in ST No.22/2019, they are being disposed of by this common judgment. By the impugned judgment, each of the appellants stands convicted and sentenced as under:
| Conviction | Sentence |
| Under Section 120B read with Section 302 of IPC. | Life imprisonment, fine of Rs.1,000/- and in default thereof to suffer additional RI for two months. |
| Under Section 302 read with Section 120B of IPC. | Life imprisonment, fine of Rs.1,000/- and in default thereof to suffer additional RI for two months. |
| Under Section 201 of IPC. | RI for two years, pay a fine of Rs.1,000/- and in default thereof to undergo additional RI for two months. |
All the sentences were directed to run concurrently.
2. Case of the prosecution, in brief, is that accused/appellant Kishore Sahu had borrowed Rs.4,500/- from deceased Prakash Verma and as the deceased used to demand his money back frequently and disrespectfully, appellant Kishore Sahu got annoyed of it and hence hatched a criminal conspiracy wit
The prosecution must establish a complete chain of circumstantial evidence beyond reasonable doubt for a conviction; mere suspicion is insufficient.
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.
(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 judgment underscores the necessity of establishing a complete chain of circumstances and the guilt of the accused beyond reasonable doubt in cases based on circumstantial evidence.
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 prosecution must establish a complete and unbroken chain of circumstantial evidence for a conviction; mere conjecture is insufficient.
Circumstantial evidence must establish a complete and unbroken chain pointing to the guilt of the accused, with no plausible alternative explanations.
The prosecution must establish each link of the chain of circumstances beyond reasonable doubt in a case based on circumstantial evidence.
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