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PANKAJ BHANDARI, ANIL KUMAR UPMAN
Ramphool @ Phool Ram @ Foolya – Appellant
Versus
State of Rajasthan Through Public Prosecutor – Respondent
JUDGMENT
Pankaj Bhandari, J. - Accused/appellants-Ramphool @ Phool Ram @ Foolya and Nirmala @ Dhara, have preferred these Criminal Appeals aggrieved by the judgment and sentence dated 18.05.2017 passed by learned Additional District & Sessions Judge, Sambhar Lake, District Jaipur, in Sessions Case No.41/2013 (27/2013), whereby, the accused-appellant-Ramphool @ Phool Ram @ Foolya, has been convicted for offences under Sections 302, 201 & 120-B of Indian Penal Code (for short 'I.P.C.'). For offence under Section 302 I.P.C., he has been sentenced to undergo imprisonment for life and to pay fine of Rs.15,000/-, in default of payment of fine to further undergo Rigorous Imprisonment for 4 months; for offence under Section 201 I.P.C., he has been sentenced to undergo Rigorous Imprisonment for 3 years and to pay fine of Rs.5,000/-, in default of payment of fine to further undergo Rigorous Imprisonment for 2 months and for offence under Section 120-B I.P.C., sentenced to undergo imprisonment for life and to pay fine of Rs.15,000/-, in default of payment of fine to further undergo Rigorous Imprisonment for 4 months. Accused/appellant-Nirmala @ Dhara has been convicted for offence under Sectio
In cases based on circumstantial evidence, the prosecution must prove a complete and conclusive chain of circumstances to establish guilt beyond a reasonable doubt.
In criminal cases based on circumstantial evidence, the prosecution must establish a complete and unbroken chain of circumstances that excludes any reasonable doubt of the accused's innocence.
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.
A conviction based on circumstantial evidence requires a complete chain of evidence that excludes all reasonable hypotheses of innocence.
The court affirmed that circumstantial evidence, when established beyond reasonable doubt, can support convictions for murder and conspiracy, emphasizing the necessity of a complete chain of evidence....
(1) Circumstantial evidence – It is necessary for prosecution that circumstances from which conclusion of guilt is to be drawn should be fully established. Suspicion, however strong it may be, cannot....
Another important aspect to be considered in a case resting on circumstantial evidence is the lapse of time between the point when the accused and deceased were seen together and when the deceased is....
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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