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HIGH COURT OF CHHATTISGARH AT BILASPUR
Sanjay K. Agrawal, Sanjay Kumar Jaiswal, JJ
Ratan Sahu, S/o Shri Ramkewal Sahu – Appellant
Versus
State Of Chhattisgarh Through The Station House Officer, Police Station – Respondent
Judgment :
(Sanjay K. Agrawal, J.)
This criminal appeal preferred by two appellants/accused under Section 374(2) of Cr.P.C . is directed against the impugned judgment of conviction and order of sentence dated 21.09.2015, passed in Sessions Case No.13 of 2015 (State of Chhattisgarh v. Ratan Sahu and another) by the Additional Sessions Judge, Pratappur, District Surajpur (CG), whereby they have been convicted and sentenced as under:
| Conviction | Sentence |
| U/s. 302/34 of IPC | Imprisonment for life with fine of Rs.5,000/- each and, in default of payment of fine, additional rigorous imprisonment for 01 year each. |
| U/s. 201/34 of IPC | Rigorous imprisonment for 05 years with fine of Rs.1,000/- each and, in default of payment of fine, additional rigorous imprisonment for 01 year each. |
[Both the sentences are directed to run concurrently]
(2) The case of the prosecution, in a nutshell, is that in the intervening night of 21/22.02.2015, between 07:00 PM to 11 AM, at 11, Dandkarwan, which comes within the ambit of Police Station Chandaura, District Surajpur (CG), the two appellants herein, firstly shared common intention of killing their brother, namely, Krishna Prasad (herein after referred to as the “decea
The prosecution must prove guilt beyond reasonable doubt, especially in cases relying on circumstantial evidence, which must meet established legal principles.
Conviction cannot be based solely on uncorroborated statements or circumstantial evidence; it must prove guilt beyond reasonable doubt.
Circumstantial evidence must establish a complete chain of events to prove guilt beyond reasonable doubt; suspicion alone does not justify conviction.
Convictions based on circumstantial evidence must establish a reliable chain linking the accused to the crime beyond reasonable doubt.
In circumstantial evidence cases without eyewitnesses, conviction unsustainable if chain incomplete due to hostile seizure witnesses, recovery contradictions, and improper reliance on s.161 CrPC stat....
In circumstantial evidence cases, the prosecution must establish a complete chain of evidence that excludes reasonable doubt about the accused's guilt.
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....
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