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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY, AMITENDRA KISHORE PRASAD
Basant Yadav, S/o. Bechu Ram Yadav – Appellant
Versus
State of Chhattisgarh, Through Station House Officer – Respondent
Judgment :
Rajani Dubey, J.
1. This appeal under Section 374(2) of Cr.P.C. has been preferred by the appellants against the judgment of conviction and order of sentence dated 14.03.2019 passed by learned 3rd Additional Sessions Judge Surajpur, District- Surajpur in Sessions Trial No. 39/2018 whereby the appellants have been convicted for the offence punishable under Section 302/34 of IPC and sentenced to undergo imprisonment for life and to pay fine of Rs.2,000/- each, in default of payment of fine to further undergo R.I. for six months each.
2. Case of the prosecution, in brief, is that the deceased Indramani Yadav is the wife of accused Basant Yadav. On the night of 11.02.2018, the deceased Indramani Yadav slept alone in her shop after closing the shutter. Next day in the morning, when the deceased's son-daughter-in-law Geeta Yadav went to give her tea, she saw that the shutter of the shop was open. When she went inside the shop, she found the deceased Indramani dead on the cot. Information regarding the incident was registered at the police station. The matter was taken into investigation. During the investigation, the husband of the deceased husband i.e. Accused- Basant Yadav was
In a criminal trial, the prosecution must prove guilt beyond reasonable doubt; mere suspicion is insufficient to sustain a conviction.
The prosecution must establish a complete chain of circumstantial evidence to prove guilt beyond reasonable doubt, which was not achieved in this case.
The prosecution must prove homicidal death beyond reasonable doubt; circumstantial evidence alone, including last seen theory, is insufficient for conviction.
Extrajudicial confessions must be voluntary and credible; reliance on circumstantial evidence requires a complete and conclusive chain excluding reasonable doubt for a conviction.
The prosecution failed to prove the guilt of the appellants beyond a reasonable doubt, leading to their acquittal in a murder case stemming from unclear circumstantial evidence.
Conviction set aside - Murder case - Quality of the prosecution evidence is too poor to satisfactorily establish any of the three circumstances for holding the appellants guilty of the offence of mur....
In murder cases based on circumstantial evidence, each link must be established beyond reasonable doubt, with all evidence consistently pointing to the guilt of the accused.
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