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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY, AMITENDRA KISHORE PRASAD
Nandkeshwar S/o Shivnarayn Khairwar – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
AMITENDRA KISHORE PRASAD, J.
1. The present criminal appeal under Section 374 (2) of Cr.P.C. has been filed by the appellant herein calling in question legality, validity and correctness of the judgment of conviction and order of sentence dated 22.9.2015, passed by the learned Additional Judge of Upper Sessions Judge, Ramanujganj, District-Surguja, in Sessions Trial No. 174/2013, by which, the appellant herein has been convicted as under:-
| Conviction | Sentence |
| U/s 302 of Indian Penal Code | Imprisonment for life with fine of Rs. 500/- and, in default of payment of fine amount, additional R.I. for three months. |
| U/s 4 of Tonhi Pratadna Adhiniyam | Rigorous imprisonment for 3 years with fine of Rs. 200/- and, in default of payment of fine amount, additional R.I. for one month. |
| U/s 5 of Tonhi Pratadna Adhiniyam | Rigorous imprisonment for 3 years with fine of Rs. 200/- and, in default of payment of fine amount, additional R.I. for one month. |
All the sentences shall run concurrently.
2. Case of the prosecution, in nutshell, is that on or about 27th–28th March, 2013, in village Dumrakhola, within the jurisdiction of Police Station Rajpur, the accused is alleged to have subjected Smt. Parbatiya B
Circumstantial evidence must create a complete and cogent chain linking the accused to the crime; mere suspicion, without proof beyond reasonable doubt, is insufficient for conviction.
The conviction of accused cannot be sustained when circumstantial evidence lacks cogent linkage to the crime, and eyewitness testimony is deemed unreliable.
The judgment emphasizes the requirement for complete and unimpeachable evidence to prove guilt beyond reasonable doubt in a case of circumstantial evidence.
Circumstantial evidence must form a complete chain pointing to guilt, with the prosecution required to establish every link beyond reasonable doubt.
Criminal Law - Offence of Murder - Circumstantial evidence - It is now well-settled that with a view to base a conviction on circumstantial evidence, prosecution must establish all pieces of incrimin....
The prosecution must prove guilt beyond reasonable doubt; reliance on circumstantial evidence requires an unbroken chain linking the accused to the crime.
(1) Extra-judicial confession must be accepted with great care and caution – Extent of acceptability of an extra-judicial confession depends on trustworthiness of witness before whom it is given and ....
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