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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MANOJ KUMAR GARG, RAVI CHIRANIA
Gopi Ram, S/o Shri Sardar Ram – Appellant
Versus
State of Rajasthan – Respondent
Judgment :
MANOJ KUMAR GARG, J.
The present criminal appeal 374 of Cr.P.C. has been filed by the accused-appellant against the judgment dated 11.11.1997, passed by learned Additional District and Sessions Judge No.1, Hanumangarh, in Session Case No.57/1995 by which the learned Trial Court convicted the accused-appellant for offence under Section 302 IPC and awarded him sentence of life imprisonment along with fine of Rs.100/- and in default of payment of fine, to further undergo one month’s RI.
2. Brief facts necessary to be noted for deciding the controversy are that on 01.05.1995, complainant Chandu Ram gave an oral information at Police Station Pilibangan to the effect that in the morning at about 6:30 AM, when he was going towards the way to Manak Theri, he saw the dead-body of Raju lying on the way and a pistol was also lying near the dead-body of Raju. The complainant alleged that someone murdered Raju by gunshot.
3. On the said oral report, Police registered the FIR No.101/1995 and started investigation. During investigation, Police arrested the appellant on 02.05.1995. Thereafter, on completion of investigation, police filed challan against the accused appellant for offence u
Circumstantial evidence must form a complete chain to establish guilt beyond a reasonable doubt; conviction cannot rely on mere last seen theory without corroborating evidence.
Accused cannot be convicted on the ground of suspicion, no matter how strong it is – Accused is presumed to be innocent unless proved guilty beyond reasonable doubt.
The main legal point established in the judgment is the application of the 'last seen together theory' and the reliance on circumstantial evidence, medical evidence, and recovery evidence to establis....
Murder – If accused offers no explanation or furnishes a wrong explanation, absconds, motive is established and some other corroborative evidence in form of recovery of weapon etc. forming a chain of....
Murder and disappearance of evidence – Whenever any doubt emanates in mind of Court, benefit shall accrue to accused and not prosecution – Conviction only on the basis of last seen together cannot be....
Murder – Evidence on ‘last seen together’ is a weak piece of evidence – Conviction cannot be recorded against accused merely on the ground that accused was last seen with deceased.
In a murder conviction based on circumstantial evidence, multiple corroborative factors, including the last seen theory and absence of alternative explanations, can establish guilt beyond reasonable ....
The prosecution must prove the guilt of the accused beyond a reasonable doubt, and in cases relying on circumstantial evidence, the evidence must form a complete chain that excludes any reasonable do....
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