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RAMESH SINHA, BIBHU DATTA GURU
Somadu Vetti S/o Paklu Vetti @ Barre – Appellant
Versus
State Of Chhattisgarh – Respondent
JUDGMENT :
Per Ramesh Sinha, C.J.
1. Appellant-Somadu Vetti has preferred this criminal appeal under Section 374(2) of the CrPC questioning the impugned judgment of conviction and order of sentence dated 23.12.2023 passed by the First Additional Sessions Judge, Bastar, District Jagdalpur in Sessions Trial No.25/2020, by which he has been convicted for offence under Sections 302/34 and 201/34 of the IPC and sentenced to undergo imprisonment for life and fine of Rs.2000/-, in default of payment of fine to further undergo RI for three months and RI for five years and fine of Rs.1000/-, in default of payment of fine to further undergo RI for one month.
2. In the present case, there are two accused namely, Somadu Vetti and Tularam Vetti. Since accused Tularam Vetti has been absconded, trial of present appellant Somadu Vetti has been separated and the trial Court has convicted him showing accused Tularam Vetti as absconder.
3. Case of the prosecution, in nutshell, is that on 25.06.2020 at about 12 noon, the quarrel took place between the accused and deceased Sukko Vetti on account of land dispute, at that time both the accused slapped Sukko Vetti (since deceased) 2-3 times. Later, around 10:
In cases of circumstantial evidence, all circumstances must be established beyond reasonable doubt and must exclusively point to the guilt of the accused.
Convictions based on circumstantial evidence must establish a reliable chain linking the accused to the crime beyond reasonable doubt.
Another important aspect to be considered in a case resting on circumstantial evidence is the lapse of time between the point when the accused and deceased were seen together and when the deceased is....
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 main legal point established in the judgment is the application of principles for the appreciation of circumstantial evidence and the need for a complete chain of evidence to establish guilt beyo....
(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....
Sections 26 of Indian Evidence Act, 1872 reads Confession by accused while in custody of police not to be proved against him.
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