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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY, AMITENDRA KISHORE PRASAD
Hemant Kumar Baiga, S/o. Late Ramvuishal Baiga – Appellant
Versus
State of Chhattisgarh, through Station House Officer – Respondent
| Table of Content |
|---|
| 1. criminal appeal process overview and case background (Para 1 , 2 , 3 , 4 , 5) |
| 2. appellant's arguments against conviction (Para 6 , 7 , 8) |
| 3. court's examination of evidence and testimonies (Para 9 , 10 , 11 , 17 , 18) |
| 4. witness testimonies and circumstantial evidence (Para 12 , 13 , 14 , 15 , 16 , 22) |
| 5. principle of circumstantial evidence and legal standards (Para 23 , 24 , 26) |
| 6. final ruling and acquittal (Para 27 , 28) |
| 7. directions for compliance and bond issuance (Para 29 , 30) |
Judgment :
Rajani Dubey, J.
1. This criminal appeal under Section 374(2) of the Cr.P.C. is directed against the impugned judgment and order of sentence dated 22.05.2019 passed by Second Additional Sessions Judge, Surajpur, District Surajpur (C.G.). in S.T. No. 06/2019, whereby the appellant has been held guilty of commission of offence and sentenced as described below:-
2. The case of the prosecution, as unfolded from the impugned judgment and the records of the case, is that on the intervening night of 03.12.2018 at between 11pm-12am at village Badkapara, Surajpur, someone with an intention of killing Lal Sai Bargah assaulted on his head with an iron axe “tangi”. Thereafter, a morgue intim
Convictions under Section 302 of IPC require corroborative evidence, and in the absence of reliable evidence, guilt cannot be established beyond reasonable doubt.
(1) Where case rests entirely on circumstantial evidence, chain of evidence must be so far complete, such that every hypothesis is excluded but one proposed to be proved and such circumstances must s....
Criminal Law – Appeal against conviction – Theory of last seen – Reliability of - The last seen theory comes into play where the time gap between point of time when Accused and deceased were seen las....
In criminal cases based on circumstantial evidence, the prosecution must establish a complete and conclusive chain of evidence that excludes all reasonable hypotheses of innocence; mere suspicion is ....
The prosecution must establish an unbroken chain of evidence beyond reasonable doubt for conviction, failing which the accused is entitled to acquittal.
Circumstantial evidence can establish guilt if it forms a complete chain pointing to the accused, even without direct evidence.
The court ruled that circumstantial evidence must form a complete chain to establish guilt beyond reasonable doubt, emphasizing the need for corroboration and the benefit of doubt for the accused.
Prosecution must prove guilt beyond reasonable doubt; failure to establish a solid evidentiary basis results in acquittal.
The recovery of evidence must be unimpeachable and not shrouded with elements of doubt to sustain the guilt of the accused.
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