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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
| Table of Content |
|---|
| 1. overview of the criminal appeal and conviction details. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments of the appellant and state regarding conviction. (Para 7 , 8) |
| 3. assessment of circumstantial evidence and its significance. (Para 9 , 10 , 11) |
| 4. testimonies concerning the alleged assault and claims of witchcraft. (Para 12 , 13 , 14 , 15) |
| 5. supreme court rulings on evidentiary principles regarding recovery and blood evidence. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 6. evaluation of circumstantial evidence and judicial standards for conviction. (Para 24 , 25 , 26 , 27 , 28) |
| 7. conclusion: acquittal of the appellant and procedural directives. (Para 29 , 30 , 31) |
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 |
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.
Circumstantial evidence requires complete unbroken chain conclusively proving guilt and excluding innocence hypothesis; failure of key links like last seen, extra-judicial confession, motive, recover....
In circumstantial evidence cases, prosecution must establish complete chain of fully proven, conclusive circumstances consistent only with guilt, excluding all other hypotheses; unreliable confession....
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.
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