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VIJAY BISHNOI, PRAVEER BHATNAGAR
Sattar Khan son of Gafoor Khan by caste Musalman – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
Vijay Bishnoi, J.
These two appeals have been preferred against the judgment dated 27.9.2011 passed by the Additional Sessions Judge (Fast Track) No.1, Pali, Headquarter Jaitaran (for short ‘the trial court’) in Sessions Case No.31/2003.
2. D.B. Criminal Appeal No.924/2011 is preferred on behalf of complainant-appellant Sattar Khan challenging acquittal of respondent No.2 – Umrao from the offences under Sections 302 and 120-B IPC; respondent No.3 – Raju Khan @ Shaukat Khan from the offences under Sections 302, 120-B and 201 IPC and accused-respondent Nos.4 to 8 from the offences under Sections 201 and 176 IPC.
3. S.B. Criminal Appeal No.851/2011 is preferred on behalf of appellant – Umrao challenging the impugned judgment dated 27.9.2011 passed by the trial court, whereby he has been convicted for the offence under Section 201 IPC and sentenced to four years’ rigorous imprisonment with a fine of Rs.2000/-, in default of payment of fine to further undergo three months’ simple imprisonment.
4. Brief facts of the case are that complainant-appellant Sattar Khan (D.B. Criminal Appeal No.924/2011) filed a written report (Ex.P/1) dated 12.8.2000 before the SHO, PS Jaitaran at 7:30 A
Law is well settled that each and every incriminating circumstance must be clearly established by reliable and clinching evidence.
Circumstantial evidence, including recovery of crucial items, must be coherent and consistently point to guilt to meet the burden of proof required for conviction in murder cases.
In criminal cases based on circumstantial evidence, the prosecution must provide a complete and unbroken chain of evidence that conclusively points to the guilt of the accused, failing which the accu....
Point of Law : Prosecution has failed to establish the guilt of the accused persons by facilitating worthwhile evidence. [Para 236]
Reliance can be based on solitary statement of a witness if court comes to conclusion that said statement is true and correct version of case of prosecution.
In criminal cases based on circumstantial evidence, a complete and conclusive chain establishing guilt beyond reasonable doubt is necessary; mere suspicion is insufficient.
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