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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAMESH SINHA, CJ, RAVINDRA KUMAR AGRAWAL
Dashrath Chandrawanshi S/o Late Shri Konda Chandrawanshi – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
RAMESH SINHA, J.
1. The present criminal appeal has been filed by the appellant under Section 374(2) of the Cr.P.C. against the impugned judgment of conviction and sentence dated 23-05-2024 passed by the learned Additional Judge to the Court of learned Additional Sessions Judge, Kabeerdham, District Kabeerdham (C.G.) in S.T. No.11/2022 whereby the appellant has been convicted and sentenced in the following manner with a direction to run all the jail sentences concurrently:-
| Conviction | Sentence |
| U/s 302 of the IPC | Life Imprisonment and fine of Rs. 1000/- in default of payment of fine additional R.I. for 03 months. |
| U/s 201 of the IPC | R.I. for 5 years and fine of Rs. 500/- in default of payment of fine additional R.I. for 01 month. |
2. The brief facts of the case are that on 26-11-2021 the informant Khemas Chandrawanshi gave a merg intimation to P.S. Pandatarai, District Kabeerdham that at about 6:20 p.m. he was informed by Amar Chandrawanshi that he received an intimation that Maharani Chandrawanshi is missing since 1:00 p.m. who had gone to field for work. During her search her dead body was found in the field in hanging condition. The merg intimation Ex.-P/1 was recorded by the pl
Circumstantial evidence must form a conclusive chain linked to the accused, establishing guilt beyond reasonable doubt, with no viable alternative explanations for innocence.
The rejection of accidental death claims via circumstantial evidence linking the appellant to the crime established the basis for conviction under Section 302 IPC.
The court upheld the conviction based on established circumstantial evidence, affirming that all necessary conditions for such conviction were met.
The prosecution must establish a complete chain of evidence, including motive, in cases based on circumstantial evidence, and the evidence must be cogent, trustworthy, and exclude every possible hypo....
The judgment establishes the principles of circumstantial evidence, the last seen theory, and the burden of proof under Section 106 of the Indian Evidence Act in establishing guilt in criminal cases.
The principle that an accused cannot be convicted based on suspicion alone, and the prosecution must prove guilt beyond reasonable doubt, especially in cases relying on circumstantial evidence.
The court emphasized that circumstantial evidence must form a complete and unbroken chain to establish the guilt of the accused beyond reasonable doubt.
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 ....
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