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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Suwalal – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
FARJAND ALI, J.
1. The present appeal is directed against the order dated 31-012024 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Act Cases), Jalore, whereby the learned trial court declined the appellant’s request for further investigation in the matter.
2. Having heard the learned counsel for the parties, examined the case diary, and conferred with the investigating officer, this Court has also closely analyzed the post-mortem report and relevant records, including references in Modi's Medical Jurisprudence regarding hanging and strangulation.
2.1 Although there is presently no direct evidence pointing towards the culpability of any specific accused, significant suspicious circumstances raise legitimate concerns. The coloured photographs attached to the case diary do not convincingly suggest a case of suicidal hanging. The marks on the neck of the deceased are inconsistent with the typical features seen in suicidal hanging. While this Court does not claim to override the findings of the medical experts, it must be emphasized that its observations should be considered as expressing judicial doubt.
2.2 Importantly, the post-mortem report, prepared by a
The court emphasized that serious doubts or suspicious circumstances necessitate further investigation, overriding the trial court's refusal based on insufficient evidence against specific accused.
Point of law : To encompass two imperatives; firstly, the investigation must be unbiased, honest, just and in accordance with law; and secondly, the entire emphasis has to be to bring out the truth o....
in case when the incident has taken place in the house of the family members, including deceased residing together, it is duty of accused to explain the circumstances in which method and manner, the ....
The court emphasized the importance of reasonable doubt in criminal convictions, prioritizing evidence and credible arguments regarding the cause of death.
The prosecution must establish the charge beyond a reasonable doubt, and in cases based on circumstantial evidence, conclusive evidence is crucial to prove the case.
In the absence of any corroborating evidence, it would be highly unsafe to the award conviction for committing murder solely on the basis of medical evidence.
The prosecution must prove guilt beyond reasonable doubt; circumstantial evidence must negate the innocence of the accused, which was not established in this case.
The medical evidence and burden of proof under Section 106 of the Evidence Act are crucial in establishing guilt in cases of circumstantial evidence.
The central legal point established in the judgment is the requirement for clear and cogent evidence to establish guilt in cases based on circumstantial evidence, the need to prove motive, and the hi....
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