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VIVEK SINGH THAKUR, RAKESH KAINTHLA
State of Himachal Pradesh – Appellant
Versus
Surjeet Singh – Respondent
1. The present appeal is directed against the judgment dated 12.03.2013, passed by learned Additional Sessions Judge, Fast Track Court, Una, District Una, H.P. vide which the respondents (accused before the learned Trial Court) were acquitted of the commission of offences, with which they were charged. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).
2. Briefly stated, the facts giving rise to the present appeal are that the police presented a challan against the accused for the commission of offences punishable under Sections 302 and 201 read with Section 34 of IPC. It was asserted that Up-Pradhan, Gram Panchayat, Ladoli informed the police telephonically on 20.03.2011 that a dead body was lying at Panjoa Chowk. Police recorded Entry No. 12A (Ext. PW-17/A) in the police station and directed ASI-Ram Swaroop (PW-23), Constable Ashwani Kumar, HHC Manjeet Singh, HHC Gian Chand and HHC Ashok Raj to verify the correctness of the information. ASI-Ram Swaroop and other police officials went to the spot and found the naked dead body of some unknown person lying on the grass. He took the photographs (Ext. PW-1
Circumstantial evidence can establish guilt if it forms a complete chain pointing to the accused, even without direct evidence.
An oral dying declaration must be trustworthy and free from blemish to form the basis of conviction. Recovery of evidence must comply with the requirements of Section 27 of the Evidence Act. The pros....
Evidence must establish all circumstances consistent with the accused's guilt, with no reasonable hypothesis of innocence possible, especially in cases of circumstantial evidence.
In criminal cases based on circumstantial evidence, the prosecution must establish a complete and conclusive chain of evidence that excludes all reasonable hypotheses of innocence; mere suspicion is ....
The burden of proof lies with the prosecution to establish guilt beyond reasonable doubt, requiring all circumstantial evidence to exclude reasonable hypotheses of innocence.
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