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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MANOJ KUMAR GARG, RAVI CHIRANIA
Krishanlal S/o Ghadsiram – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
RAVI CHIRANIA, J.
1. The present criminal appeal has been filed by appellant Krishanlal, the sole accused, against the judgment of trial court dated 18.4.1996 passed by learned Additional Sessions Judge No.2, Sri Ganganagar Camp Suratgarh in Sessions Case No. 5/95 titled as State Vs. Krishanlal , whereby the appellant-accused was convicted for offence under Section 302 IPC with imprisonment for life and a fine of Rs.500/- and in default of payment of fine, further to undergo six month’s simple imprisonment.
2. In nutshell the facts of the case are that a written report (Exhibit-P/1) was submitted by one Rewat Ram (PW-1) before the SHO, P.S. Rajiyasar, District Sri Ganganagar on 16.3.1994 stating therein that his sister was married to one Ghadsiram. He further stated that his sister was not having cordial relationship with her son i.e. present accused-appellant. According to the complainant Rewat Ram (PW-2), his sister was murdered by the accused by throttling her neck. The written report (Exhibit-P/1) is reproduced hereunder :-
^^lsok esa
Jheku ,l0,p0vks0 lkgc
Fkkuk iqfyl jkft;k'kkj
Jheku th fuosnu gS fd esjh cgu 'kkUrh mez 50 lky ?kMlhjke [kkrh fuoklh 4 ,0ih0 ohjok.k dks fo
The prosecution failed to prove the guilt of the accused beyond reasonable doubt, as primarily relied upon uncorroborated extra-judicial confessions and inconsistent witness testimonies.
The convicting based solely on circumstantial evidence and extra-judicial confessions requires corroborative proof and must adhere to well-established principles regarding such evidence.
Extrajudicial confessions require corroboration and cannot solely establish guilt without reliable evidence.
Extrajudicial confessions are weak evidence and require corroboration; reliance on them must be cautious and supported by credible evidence.
Circumstantial evidence must form a complete chain without breaks, and extrajudicial confessions require corroboration; benefit of doubt is given to the accused when evidence is insufficient.
(1) Extra-judicial confession – Extra-judicial confession is a weak piece of evidence – If extra-judicial confession suffers from material discrepancies or inherent improbabilities and does not appea....
Conviction based on circumstantial evidence requires a complete chain of evidence excluding all reasonable hypotheses of innocence; extrajudicial confessions need corroboration to be reliable.
Extrajudicial confession can support a conviction if credible, corroborated by other evidence, and satisfies standards for circumstantial evidence.
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