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ANANDA SEN, SUBHASH CHAND
Guddi Devi, W/o. Manoj Paswan – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Ananda Sen, J.
Heard learned counsel for the appellant, Mr. Arun Kumar and learned counsel for the State, Mr. Saket Kumar, Additional Public Prosecutor.
2. The instant criminal appeal is directed against the judgment of conviction dated 08.09.2017 and order of sentence dated 12.09.2017, passed by the learned Additional Judicial Commissioner-XII, Ranchi in Session Trial No.156 of 2013 whereby the sole accused has been convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.20,000/- and in default of payment of fine the appellant will have to undergo S.I. for a period of one year.
3. Learned counsel for the appellant submits that the entire case is based upon circumstantial evidence. Inspite of the fact that chain of circumstances was not complete, the appellant has been convicted. The prosecution has come up with the case that this appellant was having illicit relationship with the deceased and as the same was detected by the husband of the appellant, this appellant has committed murder of the deceased. This proposition is absolutely absurd because when this appellant and t
The conviction based on circumstantial evidence was overturned due to the prosecution's failure to establish a complete chain of circumstances and the unreliability of the confession.
The prosecution must establish a complete chain of circumstances and motive in murder cases; failure to do so warrants acquittal.
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 prove guilt beyond reasonable doubt, and weak evidence or absence of corroboration undermines conviction in murder cases.
The prosecution must prove guilt beyond reasonable doubt; mere circumstantial evidence, such as last seen theory, is insufficient for conviction without corroborative proof.
The court affirmed the conviction under Section 302 IPC, emphasizing the necessity of a complete chain of circumstantial evidence and the burden on the accused to explain circumstances surrounding th....
The sufficiency of circumstantial evidence to establish guilt beyond reasonable doubt.
The central legal point established in the judgment is the requirement for reliable and conclusive evidence, including forensic expert evidence, to establish guilt in criminal cases, especially those....
In a murder conviction based on circumstantial evidence, multiple corroborative factors, including the last seen theory and absence of alternative explanations, can establish guilt beyond reasonable ....
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