IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY, AMITENDRA KISHORE PRASAD
Gajendra Verma, S/o. Shri Chaitram Verma – Appellant
Versus
State Of Chhattisgarh Through The District Magistrate Rajnandgaon Chhattisgarh – Respondent
JUDGMENT :
Rajani Dubey, J.
Since both these appeals arise out of the judgment of conviction and order of sentence dated 20.2.2015 passed by learned 6th Additional Sessions Judge, Raipur in ST No.307/2013, they are being disposed of by this common judgment. By the impugned judgment, each of the appellants stands convicted & sentenced as under:

Both the sentences were directed to run concurrently.
02. Case of the prosecution, in brief, is that on 25.7.2013 at around 3 am dead body of a female was found on the railway track, Tekari by the police which was identified by PW-1 Lalram Janghel as the body of his daughter Nandani Verma. On his report, Dehati Merg Ex.P/1 was registered. PW-1 informed that the deceased was married to accused Gajendra Verma and they were residing in a rented house at Tekari colony. On 24.7.2013 Gajendra informed him about missing of the deceased, so he came by train to Mandar and here he came to know that dead body of a female is lying on the railway track, Tekari. On 15.10.2013 Sub Inspector of Police Station – Vidhan Sabha along with staff went to Mandar Tekari in connection with enquiry into Merg No.30/2013 and upon enquiry from a hooligan namely Shakil Ahmad,



The prosecution failed to prove the guilt of the appellants beyond a reasonable doubt, leading to their acquittal in a murder case stemming from unclear circumstantial evidence.
The judgment establishes the application of Section 106 of the Evidence Act to shift the burden of proof to the accused in cases where they have special knowledge of the facts. It also affirms the ad....
Extrajudicial confessions must be voluntary and credible; reliance on circumstantial evidence requires a complete and conclusive chain excluding reasonable doubt for a conviction.
Extrajudicial confession can support a conviction if credible, corroborated by other evidence, and satisfies standards for circumstantial evidence.
Extra-judicial confessions require corroborative evidence to ensure reliability; circumstantial evidence must present a complete chain connecting the accused to the crime without reasonable doubt.
It is a settled legal proposition that conviction of a person accused of committing an offence, is generally based solely on evidence that is either oral or documentary, but in exceptional circumstan....
The main legal point established in the judgment is the application of circumstantial evidence, extra-judicial confession, motive, and the principle of last seen together to prove the guilt of the ac....
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