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HIGH COURT OF CHHATTISGARH AT BILASPUR
Shri Ramesh Sinha, CJ, Shri Ravindra Kumar Agrawal, J
Narendra Prasad Shreevas S/o Late Dataram Shreevas Hakradhari – Appellant
Versus
State of Chhattisgarh, Through - Station House Officer, Police Station, Khallari – Respondent
Judgment :
(Ramesh Sinha, CJ.)
1. Regard being had to the similitude of the questions of facts and law involved, as both these appeals are clubbed together being arising out of a common crime vide impugned judgment dated 14.06.2021 passed by the First Additional Sessions Judge, Mahasamund, Chhattisgarh in Sessions Trial No.19/2018, these appeals have been clubbed together, heard together and are being decided by this common judgment.
2. It has been reflected from the impugned judgment that appellants-Madanlal Dhruv (A-4), Virendra Kosle (A-5) and Manharah Goswami (A-6) have been acquitted by the trial Court.
3. Appellant-Ramavtar Chakradhari (A-1) has preferred Criminal Appeal No.833/2021 and appellants-Narendra Prasad Shreevas (A-2) and Mohd. Murtaja @ Bablu Khan (A-3) have preferred Criminal Appeal No.838/2021, under Section 374 (2) of the Code of Criminal Procedure, 1973 (for short, ‘ Cr.P.C .’) questioning the impugned judgment dated 14.06.2021 passed by the First Additional Sessions Judge, Mahasamund in Sessions Trial No.19/2018, by which the learned trial Court has convicted and sentenced the appellants-Ramavtar Chakradhari (A-1), Narendra Prasad Shreewas (A-2) and Mohd. Murtaja
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.
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....
(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....
In criminal cases based on circumstantial evidence, every link in the evidence chain must be fully established, with a complete narrative supporting the conclusion of guilt; mere suspicion is insuffi....
The court upheld convictions for murder and conspiracy despite reliance on circumstantial evidence, finding sufficient connections through uncorroborated testimony and addressing potential political ....
In cases relying on circumstantial evidence, the prosecution must establish a complete chain of circumstances that are consistent with the guilt of the accused and inconsistent with their innocence.
(1) Section 34 IPC and 115 IPC would not go hand in hand.(2) Evidence is raw material which Judge or Adjudicator uses to reach a finding of fact – Courts can record order of conviction even in a case....
The judgment establishes that circumstantial evidence must form a complete, unbroken chain directly linking the accused to the crime, which warranted a life sentence in this case.
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....
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