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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI, SUNIL BENIWAL
State of Rajasthan – Appellant
Versus
Sumer Singh S/o Shri Bhanwar Singh, resident of Bhasawa, District – Jaipur – Respondent
JUDGMENT :
Sunil Beniwal, J.
1. The instant criminal appeal has been preferred on behalf of the appellant - State of Rajasthan under Section 378 (iii) & (i) Cr.P.C. assailing the judgment dated 29.06.1993 passed by the learned Sessions Judge, Merta, District Nagour in Sessions Case No.17/1990, whereby the learned trial Court acquitted the respondent for the offence under Sections 302 of the INDIAN PENAL CODE (IPC) while extending benefit of doubt.
2. The facts in nutshell, as per the prosecution story in the present case are that a case was registered on the basis of a complaint lodged by PW-1 Raghuveer Singh, wherein it was alleged that on 15/16.11.1989, the accused-respondent committed the murder of one Madan Singh.
2.1. As per the contents of the FIR dated 16.11.1989, it was stated by complainant PW-1 Raghuveer Singh that he was informed by one Satya Narayan and Bhanwar Singh on 16.11.1989 that Madan Singh was killed. This information was given to him when Madan Singh was about to be cremated. Later, he went to Police Station whereupon the post mortem was conducted and police also started investigation.
2.2. The prosecution case is primarily based on circumstantial evidence, as the
In criminal jurisprudence, an accused cannot be convicted unless guilt is established beyond reasonable doubt; significant contradictions in evidence favor acquittal.
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.
The importance of establishing a clear motive and the need for circumstantial evidence to be cogently and firmly established, pointing towards the guilt of the accused.
The appellate court cannot reverse an acquittal merely on the basis of a possible alternative view unless the trial court's decision demonstrates illegality or perversity. Evidence must meet the high....
The prosecution must establish a complete and unbroken chain of circumstantial evidence to prove guilt beyond reasonable doubt; failure to do so results in acquittal.
The conviction must be based on a complete and reliable chain of circumstantial evidence, where extrajudicial confessions cannot solely establish guilt without corroboration.
The acquittal of accused in criminal cases is justified if the prosecution fails to establish guilt beyond reasonable doubt, and a plausible interpretation of the evidence supports the trial court's ....
Conviction based on circumstantial evidence requires a complete and cogent chain of circumstances; extra-judicial confessions must be corroborated by reliable evidence.
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