IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAVINDRA KUMAR AGRAWAL
Kamalnarayan Sahu, S/o. Late Jagluram – Appellant
Versus
State of Chhattisgarh, Through P.S. Daundilohara, District Balod (C.G.) – Respondent
Judgment :
Ramesh Sinha, CJ.
1. Since both the above-captioned appeals arise out of a common incident and common factual matrix, this Court is disposing of both these appeals by a common judgment.
2. Both these criminal appeals have been filed by the accused/appellants under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, ‘the CrPC’) against the impugned judgment of conviction and order of sentence dated 25.01.2024 passed by the learned 1st Additional Sessions Judge / FTC, Balod, District – Balod (C.G.) in Sessions Case No. 04/2022, by which the appellants have been convicted and sentenced in the following manner :-

3. Case of the prosecution, in brief, is that on 12.06.2021, the deceased/victim's brother-in-law (HkkbZ cgw) who was her neighbor, filed a written report at the Doondilhora police station stating that she had an 8th-grade education and worked in the household and agriculture. On 12.06.2021, she went to the field at 5:00 a.m. to fill water from the borewell for her home. By the time she returned, it was 6:00 a.m. Her neighbor, the deceased/victim, who usually woke up at 5:00-6:00 a.m., had not woken up. She knocked on her door two or three times, calling
Prakash Nishad alias Kewat Zinak Nishad Vs. State of Maharashtra
Circumstantial evidence, including reliable DNA findings, can substantiate convictions in serious crimes even without eyewitness testimony.
Conviction based on circumstantial evidence requires a complete chain proving guilt beyond reasonable doubt; mere suspicion is insufficient.
Circumstantial evidence must form a conclusive chain linked to the accused, establishing guilt beyond reasonable doubt, with no viable alternative explanations for innocence.
(1) Rape and murder – In view of Section 357(A), Cr.P.C., family members of deceased-victim would be entitled to compensation even though accused have been acquitted.(2) Extra-Judicial confession – C....
The court upheld the conviction based on established circumstantial evidence, affirming that all necessary conditions for such conviction were met.
The conviction was based on circumstantial evidence, with DNA and witness testimonies establishing the accused's guilt, affirming the death sentence as the case fell within the rarest of rare categor....
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