Back
MUKTA GUPTA, POONAM A. BAMBA
Chander Shekhar Jadhav @ Shekhar – Appellant
Versus
State – Respondent
JUDGMENT
Mukta Gupta, J. By this appeal, the appellant challenges the impugned judgment of the Trial Court dated 16th July, 2019 by which, the appellant Chander Shekhar was convicted for murder of Harsh Vardhan @ Lala, as also the order on sentence dated 20th July, 2019, whereby the appellant was sentenced to imprisonment of life along with fine of Rs.10,000/- and in default whereof, simple imprisonment for three months for offence punishable under Section 302 of the Indian Penal Code, 1860 ("IPC"). The two other accused persons Sushil Sharma @ Bali Pandit and Pankaj @ Rajan were acquitted by the Trial Court vide judgment dated 16th July, 2019.
2. In nutshell, facts of the case are that on 1st July, 2012 at about 9.00 PM Rajan, Chander Shekhar Jadhav and Bali Pandit came to the house of the complainant (PW-2) and took the deceased with them on the pretext of having dinner outside. When the deceased did not return back to his house, the complainant (PW-2) called up the deceased who told her that he was having food with Bali Pandit, Rajan and Chander Shekhar and when PW-2 again called deceased, his phone was switched off. Thereafter, she sent her son Mohnish Vardhan @ Manu to look fo
The judgment establishes the importance of circumstantial evidence, burden of proof, and absence of motive in cases of murder.
Circumstantial evidence must form a complete chain linking the accused to the crime; absence of motive and direct evidence renders conviction unsafe.
The main legal point established in the judgment is the shift of burden under Section 106 of the Indian Evidence Act, 1872 to the accused to explain facts within his knowledge, and the accused's obli....
The main legal point established in the judgment is the application of Section 106 of the Evidence Act and the principles governing the burden of proof in cases based on circumstantial evidence.
The main legal point established in the judgment is the distinction between murder and culpable homicide not amounting to murder under the Indian Penal Code, and the application of legal principles o....
Circumstantial evidence must form a conclusive chain linked to the accused, establishing guilt beyond reasonable doubt, with no viable alternative explanations for innocence.
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
