Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
TARLOK SINGH CHAUHAN, SUSHIL KUKREJA
State of Himachal Pradesh – Appellant
Versus
Arif Khan – Respondent
JUDGMENT :
Sushil Kukreja, J.
1. The instant appeal has been preferred by the appellant/State under Section 378 of the Code of Criminal Procedure against the impugned judgment dated 31.03.2014, passed by learned Additional Sessions Judge, Chamba, District Chamba, H.P., in Sessions Trial No. 18 of 2013, whereby the accused persons (respondents herein) were acquitted under Sections 302, 328 and 120B of Indian Penal Code (for short ‘IPC’).
2. The facts giving rise to the present appeal, as per the prosecution story, can be summarized as under:
(a) On 01.01.2013 accused Arif Khan called Babu Ram (the deceased), who was father of complainant Harish Singh, on phone for a deal and he (accused Arif Khan) represented that he had 100 sheep and goats. On 02.01.2013 accused Arif Khan again called the deceased and on 03.01.2013, in response to the phone calls, the deceased alongwith his son Harish Singh (complainant) proceeded towards the place of accused Arif Kahan, but accused Arif Khan met them, alongwith his goats and sheep, one kilometer short of his house. The deceased and the complainant had a deal with accused Arif Khan and they purchased 13 sheep and goats for a total consideration of Rs.2
The prosecution must prove all elements of a crime beyond reasonable doubt, particularly in cases involving poisoning, where circumstantial evidence is critical.
The main legal point established in the judgment is the requirement for the prosecution to establish guilt beyond reasonable doubt in cases based on circumstantial evidence and poisoning. The judgmen....
The prosecution must establish a complete chain of circumstantial evidence beyond reasonable doubt to secure a conviction in criminal cases, particularly where direct evidence is absent.
(1) Delay in lodging FIR by itself cannot be regarded as sufficient ground to draw adverse inference against prosecution case, nor could it be treated as fatal to case of prosecution.(2) It would not....
Conviction based solely on circumstantial evidence requires a complete chain of evidence; mere suspicion or non-explanation of conduct is insufficient for establishing guilt.
A negative viscera report does not preclude liability for poisoning if other evidence establishes the accused's guilt.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
