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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY, AMITENDRA KISHORE PRASAD
Bhagwan Lal And Ors. S/o Jagiram Dahariya – Appellant
Versus
State Of Chhattisgarh Through P.S. Pamgarh – Respondent
| Table of Content |
|---|
| 1. common judgment for appeals arising from the same case (Para 1 , 2) |
| 2. summary of prosecution case and events leading to the judgment (Para 3 , 4 , 5 , 6) |
| 3. defense arguments challenging the conviction (Para 8 , 9) |
| 4. court's consideration of evidence and findings of fact (Para 10 , 11 , 12) |
| 5. assessing victim's attack and details on mob behavior (Para 28 , 29 , 31 , 32 , 33) |
| 6. importance of forensic evidence and its implication in conviction (Para 34 , 35 , 36 , 37) |
| 7. conclusion on benefit of doubt and acquittal of accused (Para 46 , 47) |
JUDGMENT :
Amitendra Kishore Prasad, J.
1. Since both the above-captioned appeals arise from the same impugned judgment of conviction and order of sentence dated 10.02.2015, they are being heard together and decided by this common judgment.
2. Both these criminal appeals preferred by the respective appellants herein under Section 374(2) of the Cr.P.C. are directed against the impugned judgment of conviction and order of sentence dated 10.02.2015 passed in Sessions Trial No.40/2006 by the Special Sessions Judge, Jajgir-Champa, by which the appellants stand convicted & sentenced as under:-
(All sentences were directed to run concurrently
A mere presence in a mob does not equate to liability for criminal acts unless it is proven that the individual contributed to or shared the common object of the unlawful assembly.
The conviction of accused cannot be sustained when circumstantial evidence lacks cogent linkage to the crime, and eyewitness testimony is deemed unreliable.
The central legal point established in the judgment is the requirement for conclusive evidence to prove guilt beyond reasonable doubt, especially in cases based on circumstantial 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.
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