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PANKAJ BHANDARI, BHUWAN GOYAL
Nirbhay @ Natto S/o. Shri Fatehsingh – Appellant
Versus
State of Rajasthan, Through P. P. – Respondent
JUDGMENT :
1. The appellants have preferred these criminal appeals against the judgment dated 22.06.2016 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Alwar in Sessions Case No.92/2013 whereby accused appellant – Nirbhay @ Natto has been convicted for the offence under Section 302/34 IPC and accused appellant – Anil Kumar has been convicted for the offence under Section 302 IPC and both were sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/- each, in default of payment of fine, to further undergo 1 year simple imprisonment.
2. Succinctly stated the facts of the case are that on 27.04.2013 complainant–Jagdish Prasad Verma submitted a tehriri report (Ex.P-1&2) at Police Station, Kathumar, District Alwar, upon which, an FIR bearing No.166/2013 has been registered for the offences under Section 364 IPC and Section 3(2)(v) of the SC/ST Act. It was submitted in the report that on 23.04.2013 his son Amit Verma, who is a Teacher in Government Senior Secondary School, Jodhpura (Kathumar) went on the motorcycle of the complainant and that he was called by Anil Kumar at Teetpuri Bus Stand. It is also mentioned in the complaint that at abo
Point of Law : There can be a number of innumerable possibilities which Court need not go into as it was for the prosecution to establish that the accused alone had committed the offence.
The prosecution must establish an unbroken chain of evidence beyond reasonable doubt for conviction, failing which the accused is entitled to acquittal.
The duty of the Appellate Court to independently assess the evidence and establish the guilt of the accused beyond reasonable doubt based on complete and reliable circumstantial evidence.
The judgment emphasizes the requirement of reliable and substantive evidence to establish guilt, highlighting the insufficiency of recoveries alone to prove the accused's guilt.
Criminal Law – Appeal against conviction – Theory of last seen – Reliability of - The last seen theory comes into play where the time gap between point of time when Accused and deceased were seen las....
A conviction based on circumstantial evidence requires a complete and unbroken chain of evidence, which was not established in this case.
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