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HIGH COURT OF CHHATTISGARH
Smt Justice Rajani Dubey, J, Sachin Singh Rajput
KAVILAS – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
By Rajani Dubey, J
1. This appeal arises out of the judgment of conviction and order of sentence dated 03.03.2020 passed by the Additional Sessions Judge (FTC), Dhamtari, District Dhamtari (C.G.), in Sessions Trial No.55/2018 convicting the accused/appellant under Sections 302 , 376 and 201 of IPC and sentencing him in the manner described as under :-
| Conviction | Sentence |
| Under Section 302 IPC | Imprisonment for life and fine of Rs.500/-, in default of payment of fine additional R.I. for 03 months. |
| Under Section 376 IPC | R.I. for 7 years and fine of Rs.500/-, in default of payment of fine additional R.I. for 03 months. |
| Under Section 201 of IPC | R.I. for 7 years and fine of Rs.500/-, in default of payment of fine additional R.I. for 03 months. |
2. In the present case, name of the deceased is Ansuiya Bai. On 28.07.2018, the police received an information that the dead body of deceased was lying in her house. On such information, the police personnel proceeded to the spot and saw that deceased Ansuiya Bai was lying dead in her house. On a complaint made by Arvind Yadav, dehati merg No. 0/18 was recorded and the matter was taken for investigation. Inquest on the body of deceased was prepared under Ex
A conviction based solely on circumstantial evidence requires a complete and conclusive chain of circumstances that excludes any reasonable doubt regarding the accused's innocence.
The prosecution must prove homicidal death beyond reasonable doubt; circumstantial evidence alone, including last seen theory, is insufficient for conviction.
The sufficiency of circumstantial evidence and the last seen theory in establishing the guilt of the accused.
In a murder conviction based on circumstantial evidence, multiple corroborative factors, including the last seen theory and absence of alternative explanations, can establish guilt beyond reasonable ....
Circumstantial evidence alone, especially the last seen theory without corroboration, is insufficient for conviction; guilt must be established beyond reasonable doubt.
Conviction based on circumstantial evidence requires a complete chain proving guilt beyond reasonable doubt; mere suspicion is insufficient.
Conviction for murder can be sustained based on circumstantial evidence and the last seen theory, particularly when the accused fails to explain crucial circumstances.
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....
A conviction for murder based solely on circumstantial evidence, such as 'last seen together', requires a complete chain of evidence and cannot depend solely on suspicion or uncorroborated statements....
The prosecution must prove guilt beyond reasonable doubt in criminal cases, especially when relying on circumstantial evidence, which requires stringent adherence to established evidentiary standards....
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