Back
MUKTA GUPTA, POONAM A. BAMBA
Ravinder Solanki – Appellant
Versus
State – Respondent
JUDGMENT
Mukta Gupta, J. By these appeals, the appellants are challenging the common impugned judgment dated 29th September, 2018, whereby the appellants Ravinder Solanki and Suman were held guilty for murder of one Shaurya @ Prince ("deceased") son of Yogendra Solanki; and also the order on sentence dated 1st October, 2018, whereby both the appellants were directed to undergo rigorous imprisonment for life along with a fine of Rs.10,000/- each, in default whereof simple imprisonment for three months for offence punishable under Section 302/34 of the Indian Penal Code, 1860 (IPC).
2. In nutshell, brief facts of the case are that on 19th February, 2013 a PCR call was received at 7.16.34 AM (DD No.7A) that a drunkard had cut head of his son and ran away. ASI Chajju Lal (PW-24) reached the spot and went to the first floor of House No.83, Gali No.7, Ashok Mohalla, Jafrabad where he found blood in the stairs. On the first floor of the said house, dead body of a child was found lying. Rukka was prepared, on the basis of which FIR No.41/2013 dated 19th February, 2013 at PS Jafrabad was registered under Section 302 IPC. Crime team was called at the spot, photographs were also taken and the
The judgment underscores the necessity for a complete and unbroken chain of circumstantial evidence to secure a conviction in criminal cases.
The statement of the victim under Section 164 of the Code of Criminal Procedure cannot be used as a substantive piece of evidence. The appellant's conduct after the incident is deemed unnatural. The ....
(1) Conviction – Suspicion, however strong it may be, cannot take place of proof beyond reasonable doubt – There is not only a grammatical but a legal distinction between ‘may be proved’ and ‘must be....
The main legal point established in the judgment is the requirement for complete and conclusive circumstantial evidence to convict an accused, as well as the need for the circumstances to lead to onl....
The main legal point established in the judgment is that the chain of events pointing exclusively to the guilt of the accused-appellant was not established based on circumstantial evidence.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
