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VIVEK SINGH THAKUR, BIPIN CHANDER NEGI
Aman Sood – Appellant
Versus
High Court of Himachal Pradesh – Respondent
JUDGMENT :
Satyen Vaidya, J.
By way of instant appeal, the appellant has assailed judgment dated 11.01.2018 and sentence order dated 16.01.2018 passed by learned Additional Sessions Judge-I, Solan, District Solan, H.P. in Sessions Trial No. 14NL/7 of 2013, whereby the appellant has been convicted for commission of offence punishable under Section 302 of the IPC and has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.25,000/. In case of failure to pay fine amount, the appellant has further been ordered to undergo rigorous imprisonment for two years.
2. The prosecution case in brief was that on 20.04. 2013 at about 1.30 P.M., Madho Ram Mehta (PW1), President Gram Panchayat Madhala, noticed a human dead body lying in a rivulet at place Sansiwala within the jurisdiction of Police Station Baddi, District Solan, H.P. PW1 was also accompanied by another person named Ram Niranjan at the relevant time. He telephonically informed Police Station Baddi. Police arrived at the spot and found an unidentified dead body between the stones/boulders in the bed of rivulet. Injuries were found on the back and front side of the head of the body, which appeared to have been
The main legal point established in the judgment is the requirement for the prosecution to prove the guilt of the accused beyond all reasonable doubts, especially in cases based on circumstantial evi....
The judgment established the principle that in cases relying on circumstantial evidence, the circumstances must be conclusive and exclude every possible hypothesis except the guilt of the accused. Th....
The prosecution must prove its case beyond all reasonable doubts and establish a complete chain of circumstances pointing towards the guilt of the accused. The absence of motive is an important facto....
(1) Murder – No conviction can be recorded on assumption. (2) Absence of motive may not be a determinative factor, yet it is an important link to complete chain of circumstance.
The prosecution must establish a complete chain of evidence, including motive, in cases based on circumstantial evidence, and the evidence must be cogent, trustworthy, and exclude every possible hypo....
The prosecution must establish a complete chain of events in cases based on circumstantial evidence, and the burden of proof lies with the prosecution to prove the guilt of the accused beyond reasona....
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