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SANJAY K. AGRAWAL, SANJAY S. AGRAWAL
Bhushan Singh, Son of Raghav Singh Rajput – Appellant
Versus
State of Chhattisgarh, through Station House Officer – Respondent
JUDGMENT :
Sanjay K. Agrawal, J
1. This criminal appeal filed under Section 374(2) of CrPC at the instance of the accused-appellant herein is directed against the impugned judgment of conviction and order of sentence dated 29.10.2018, passed by the 1st Additional Sessions Judge, Ambikapur, District Surguja (C.G.), in Sessions Case No.505 of 1994 (State of Chhattisgarh v. Bhushan Singh and others), whereby he has been convicted for offence under Section 302 of IPC and sentenced to undergo imprisonment for life with fine of Rs.100/- and, in default of payment of fine amount, sentenced to undergo additional rigorous imprisonment for 01 months.
2. The case of the prosecution, in short, is that on 15.06.1993, at about 03:30 PM, in front of the office of Shyam Jal Sansadhan Mandal, Gandhi Nagar, Ambikapur, which comes within the ambit of Police Station Ambikapur, District Surguja (CG), the accused appellant herein along with 08 other co-accused (who stand acquitted by the learned trial Court) firstly constituted unlawful assembly and shared common intention of killing one Nilesh Singh and, in furtherance thereof, assaulted Nilesh Singh (hereinafter referred to as the “deceased”) by means of
A conviction based solely on the testimony of one witness requires corroboration, especially when key evidence is missing, leading to doubts about the prosecution's case.
A single witness's testimony can only sustain a conviction if wholly reliable; the presence of multiple hostile witnesses necessitates rigorous evidence scrutiny and adherence to the principle of par....
Conviction can be based on a sole eyewitness if credible, but significant inconsistencies and lack of corroborative evidence can lead to acquittal.
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....
(1) Number of witnesses – There is no legal impediment in convicting a person on sole testimony of a single witness – But if there are doubts about testimony courts will insist on corroboration.(2) M....
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....
Prosecution must prove guilt beyond a reasonable doubt; contradictions in witness testimony and unexplained delays undermine prosecution's case, supporting acquittal.
The main legal point established in the judgment is the critical evaluation of witness testimony, the standard of proof, and the reliance on the testimony of a single eyewitness in criminal cases.
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