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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY S.AGRAWAL, RADHAKISHAN AGRAWAL
State of Chhattisgarh, Through the In-charge Police Station Taregaon Jungle – Appellant
Versus
Nandram @ Anukka, S/o. Jivan Nai – Respondent
Judgment :
Radhakishan Agrawal, J.
1. This acquittal appeal filed by the Appellant/State arises out of the judgment dated 23.09.2017 passed by the Sessions Judge, Kabirdham (Kawardha), C.G. in Sessions Case No. 16/2017, whereby the learned trial Court acquitted the accused persons/respondents herein of the charges under Sections 302 and 201 read with Section 34 of the Indian Penal Code (for short, “IPC”) on the basis of benefit of doubt.
2. Case of the prosecution, in brief, is that on 08.12.2016, at around 12:00 p.m., one Hazari Gond reached his agricultural field situated at Village Dhuanchapar Khar to harvest sesame crops, where he noticed the dead body of an unknown male, aged about 40 years, lying in the adjoining field of one Veer Singh. The dead body was found bleeding from the mouth and a green-colored scarf, tied with two knots, was found around the neck. Thereafter, Hazari Gond immediately informed the villagers and subsequently, they went to Police Station Taregaon Forest, District Kabirdham, where a merg intimation (Ex.P-1) was recorded. During the inquest proceedings, the dead body was identified as that of Anujram Patel (hereinafter referred to as “the deceased”) by PW-2
The prosecution must prove guilt beyond reasonable doubt in criminal cases, especially when relying on circumstantial evidence, which requires stringent adherence to established evidentiary standards....
Circumstantial evidence alone, especially the last seen theory without corroboration, is insufficient for conviction; guilt must be established beyond reasonable doubt.
In a case where conviction is based on circumstantial evidence, motive assumes great significance.
The need for conclusive evidence and a complete chain of evidence to establish guilt, and the limited jurisdiction of the appellate court in interfering with findings of fact by the trial court.
Conviction based on circumstantial evidence requires a complete chain proving guilt beyond reasonable doubt; mere suspicion is insufficient.
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 ....
In criminal cases based on circumstantial evidence, a complete and conclusive chain establishing guilt beyond reasonable doubt is necessary; mere suspicion is insufficient.
The main legal point established in the judgment is the application of the 'last seen together theory' and the reliance on circumstantial evidence, medical evidence, and recovery evidence to establis....
Murder and disappearance of evidence – Whenever any doubt emanates in mind of Court, benefit shall accrue to accused and not prosecution – Conviction only on the basis of last seen together cannot be....
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