ARUN BHANSALI, ANOOP KUMAR DHAND
Kishan @ Kishan Lal – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Arun Bhansali, J. - The accused-appellants have preferred the instant appeals under Section 374(2) Cr.P.C. aggrieved against the judgment dated 30.04.2015 passed by Additional Sessions Judge, Anoopgarh, District - Sriganganagar ('the trial court') in Sessions Case No. 26/2012, whereby appellants - Kishan @ Kishan Lal and Satish have been convicted and sentenced as under:-
| OFFENCE U/S |
| ||
| SENTENCE | FINE | IN DEFAULT |
|
| 302 | Life Imprisonment | Rs. 10,000/- | 1 Year S.I |
2. Brief facts relevant and essential for disposal of the appeals are as under:-
3. On 03.08.2012, an FIR No. 433/2012 (Exhibit - 25) was registered at Police Station - Anoopgarh, District - Sriganganagar on the basis of written report (Exhibit - 10) submitted by Teeja Devi (PW-2); in the written report, she alleged that on 01.08.2012, wallet of her son Rupi @ Rooplal was picked up by Kishan Balmiki s/o. Mangla Ram, Govind s/o. Gopal and Satish s/o. Bugga Ram. On getting information regarding the pick-pocketing by them, in the morning at about 12 O'clock these persons were called and inquired about the
Balwinder Singh vs. State of Punjab MANU/SC/0160/1986 : (1987) 1 SCC 1
Bhagat Ram vs. State of Punjab MANU/SC/0158/1954 : AIR 1954 SC 621
Bodhraj @ Bodha and Ors. vs. State of Jammu & Kashmir MANU/SC/0723/2002 : (2002) 8 SCC 45
Brijesh Mavi vs. State NCT of Delhi : (2012) 7 SCC 45
C. Chenga Reddy vs. State of A.P. MANU/SC/0928/1996 : (1996) 10 SCC 193
Dana Yadav vs. State of Bihar : (2002) 7 SCC 295
Earabhadrappa vs. State of Karnataka MANU/SC/0530/1983 : (1983) 2 SCC 330
Eradu vs. State of Hyderabad MANU/SC/0116/1955 : AIR 1956 SC 316
Hukam Singh vs. State of Rajasthan MANU/SC/0094/1977 : (1977) 2 SCC 99
Kanhaiyalal vs. State of Rajasthan : (2014) 4 SCC 715
Mani vs. State of Tamil Nadu : AIR 2008 SC 1021
Mohd. Arif @ Ashfaq vs. State NCT of Delhi MANU/SC/0919/2011 : (2011) 13 SCC 621
Musheer Khan @ Badshah Khan & Anr. vs. State of Maharashtra : AIR 2010 SC 762
Nizam & Ors. vs. State of Rajasthan : (2016) 1 SCC 550
Sampath Kumar vs. Inspector of Police
Sunil Clifford Daniel vs. State of Punjab MANU/SC/0740/2012 : (2012) 11 SCC 205
Trimukh Maroti Kirkan vs. State of Maharashtra MANU/SC/8543/2006 : (2006) 10 SCC 681
The judgment underscores that circumstantial evidence must form a complete and unbroken chain to establish guilt beyond reasonable doubt.
In criminal cases based on circumstantial evidence, the prosecution must establish a complete chain of evidence to prove guilt beyond reasonable doubt.
A conviction based on circumstantial evidence requires a complete chain of evidence that excludes all reasonable hypotheses of innocence.
The prosecution must establish a complete chain of circumstantial evidence for conviction; failure to prove the last seen theory and inconsistencies in witness testimonies led to the acquittal.
In criminal cases relying on circumstantial evidence, the prosecution must establish a complete chain of circumstances beyond reasonable doubt, leaving no room for alternative hypotheses of innocence....
For a conviction based on circumstantial evidence, each link in the chain must be established beyond reasonable doubt; failure to do so warrants acquittal.
The court emphasized that for a conviction based on circumstantial evidence, a complete chain of circumstances must be established, excluding all reasonable hypotheses of innocence.
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