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RAMESH SINHA, RAKESH MOHAN PANDEY
Devmati W/o Jawahir Yadav – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
Per Ramesh Sinha, Chief Justice
1. The appellant has preferred this Criminal Appeal under Section 374(2) of the Cr.P.C. questioning the impugned judgment dated 29.05.2018 passed by the learned IInd Additional Sessions Judge, Surajpur, District Surajpur, Chhattisgarh in Sessions Case No. 84/2017, whereby the appellant has been convicted for offences punishable under Sections 302 and 201 of the IPC and sentenced to undergo R.I. for life with a fine of Rs. 50/-, in default of payment of fine to further undergo R.I. for 3 months; R.I. for 7 years and fine of Rs. 50/-, in default of payment of fine to further undergo R.I. for 3 months, respectively.
Facts of the Case:
2. The facts of the case relevant for deciding the present appeal are briefly stated as under:-
B. After receipt of the information, Police Station-Chandni registered a Morgue Intimation No. 21/2017 and the dead bodies of the children were sent
The prosecution must prove each circumstance in a case based on circumstantial evidence beyond reasonable doubt, and failure to establish homicidal death warrants acquittal.
Conviction based solely on circumstantial evidence requires a complete and coherent chain of events that excludes all reasonable hypotheses of innocence.
The principle that an accused cannot be convicted based on suspicion alone, and the prosecution must prove guilt beyond reasonable doubt, especially in cases relying on circumstantial evidence.
The sufficiency of circumstantial evidence, the duty of the prosecution to establish guilt beyond all reasonable doubt, and the consideration of the appellant's mental condition in criminal cases.
Murder – Only on the basis of post-mortem report there cannot be conviction for offence punishable under Section 302, I.P.C.
Circumstantial evidence must form a conclusive chain linked to the accused, establishing guilt beyond reasonable doubt, with no viable alternative explanations for innocence.
The sufficiency of circumstantial evidence to establish guilt beyond reasonable doubt.
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