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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
DR. JUSTICE PUSHPENDRA SINGH BHATI, MR. JUSTICE SANDEEP SHAH, JJ
State – Appellant
Versus
Naina Ram – Respondent
JUDGMENT :
Sandeep Shah, J.
1. The present appeal under Section 378 of Cr.P.C. has been filed by the State of Rajasthan being aggrieved against the order dated 17.11.1997 passed by Sh. Ramchandra Jatav, learned Sessions Judge, Jalore in Sessions Case No.7/97, whereby learned trial Court has acquitted the respondent- Naina Ram for offences punishable under Section 302 of IPC.
Facts of the case:
2. The brief facts of the case are that on 23.11.1996 at around 08:40 AM, a telephonic information was received at Police Station, Jalore from Medical Officer-in-charge of Government Hospital, Jalore that one person has been found in an injured condition. This information was recorded in the roznamcha at serial number 997 (Ex.P./20-A) and Amar Singh, ASI was sent to the Government Hospital. The injured was examined and the injury report (Ex.P/10) was prepared. Amar Singh, ASI (PW-2) made an inquiry report with the Medical Officer as to whether the injured is in fit position to give statement or not. The Medical Officer informed that the injured was not in a position to give the statement. Thereupon, Mr. Amar Singh recorded statement of brother and wife of the injured, namely Narpatram (PW-9) and
The prosecution must establish a complete chain of circumstantial evidence linking the accused to the crime, and the absence of motive weighs in favor of the accused.
In criminal jurisprudence, an accused cannot be convicted unless guilt is established beyond reasonable doubt; significant contradictions in evidence favor acquittal.
It is a settled legal proposition that conviction of a person accused of committing an offence, is generally based solely on evidence that is either oral or documentary, but in exceptional circumstan....
The prosecution must prove guilt beyond reasonable doubt in criminal cases, especially when relying on circumstantial evidence, which requires stringent adherence to established evidentiary standards....
For a conviction based on circumstantial evidence, every link in the chain must be established beyond reasonable doubt; mere confessions are inadequate without corroborative evidence.
Conviction based on circumstantial evidence requires irrefutable proof establishing guilt, with no room for reasonable doubt.
Conviction based on circumstantial evidence requires a complete and cogent chain of circumstances; extra-judicial confessions must be corroborated by reliable evidence.
The judgment establishes that a conviction based solely on circumstantial evidence requires a clear and conclusive chain of evidence, and that extra-judicial confessions must be corroborated by relia....
In murder cases based on circumstantial evidence, each link must be established beyond reasonable doubt, with all evidence consistently pointing to the guilt of the accused.
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