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SANDEEP MEHTA, RAMESHWAR VYAS
Arti – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Sandeep Mehta, J. - The appellants Arti and Radheshyam have been convicted and sentenced as below vide judgment dated 20.07.2012 passed by the learned Additional Sessions Judge, No.2, Sri Ganganagar in Sessions Case No.4/2012:
| Offences Under Section
|
| ||
| Sentences | Fine | Fine Default sentences |
|
| 302 IPC | Life Imprisonment | Rs.5,000/- | 6 Months' S.I. |
| 120B IPC | Life Imprisonment | Rs.5,000/- | 6 Months' S.I. |
| All the sentences were ordered to run concurrently | |||
2. Being aggrieved of their conviction and sentences, the appellants have preferred these appeals under Section 374(2) Cr.P.C.
3. Since both these appeals arise out of a common Judgment, they have been heard and are being decided together.
4. Facts relevant and essential for disposal of the appeals are noted hereinbelow:
5. Shri Vinod Sachdeva (PW-1) submitted a written report (Ex.P/1) to the SHO, Police Station Kotwali, Sri Gangangar on 23.12.2011 alleging inter alia that his elder brother Suresh Kumar, aged 38 years, used to live in Housing Board, Shyamnagar with his wife and children. He used to operate a lorry for selling eggs. In the night of 22.12.2011 at around 10.33 PM, he received a
The judgment underscores the necessity of a reliable chain of evidence in criminal cases, particularly when relying on circumstantial evidence for conviction.
In circumstantial murder cases, last seen theory alone cannot sustain conviction without complete evidentiary chain excluding innocence, especially with wide time gap allowing third-party interventio....
The sufficiency and reliability of circumstantial evidence, including the last seen theory, motive, abscondence, and recovery of evidence, in establishing guilt beyond reasonable doubt.
In appeals against acquittal, the court will not disturb the trial court's findings unless they are perverse or lack basis in evidence, maintaining a high threshold for interference.
Point of law: In a criminal case based purely on circumstantial evidence, the entire chain of circumstances must be proved by leading unimpeachable evidence pointing invariably to the guilt of the ac....
Point of Law : Last seen theory not to be true, motive was not proved, recovery of firearm was doubtful, material contradictions found in evidence rendered and no sufficient link to come to irresisti....
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