Back
RONGON MUKHOPADHYAY, PRADEEP KUMAR SRIVASTAVA
Ramrai Surin – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. The instant criminal appeal is directed against the judgment and order of conviction and sentence of the appellants dated 29.07.2017/31.07.2017 passed by the learned Additional Sessions Judge-II, West Singhbhum Chaibasa in S.T. Case No.269 of 2013 arising out of Sonua P.S. Case No.42 of 2012, corresponding to G.R. Case No.354 of 2012 (hereinafter the called the impugned judgment and order), whereby and whereunder the appellants have been held guilty for the offences under sections 302, 201 and 34 of Indian Penal Code and sentence to undergo imprisonment for life along with fine of Rs.20,000/-(Twenty Thousand) under sections 302/34 of India Penal Code and further rigorous imprisonment for 5 years along with fine of Rs.10,000/-(Ten thousand) for the offence under sections 201/34 of Indian Penal Code with default stipulation.
FACTUAL MATRIX
2. Factual matrix giving rise to this appeal is that on 02.11.2012, the informant Ram Lal Tanti, who happens to be Chawkidar No.05/2017 was deputed at Bank of India, Govindpur received information from some account holders of the bank that a dead body of an unknown person is lying into the ring well of Dipasai. The informant proceeded to
Circumstantial evidence must conclusively point to the guilt of the accused; insufficient evidence led to the reversal of conviction.
Circumstantial evidence, including recovery of crucial items, must be coherent and consistently point to guilt to meet the burden of proof required for conviction in murder cases.
The prosecution must establish a complete chain of circumstantial evidence beyond reasonable doubt for a conviction; reasonable doubts justify acquittal.
The court affirmed that circumstantial evidence, when established beyond reasonable doubt, can support convictions for murder and conspiracy, emphasizing the necessity of a complete chain of evidence....
(1) Circumstantial evidence – It is necessary for prosecution that circumstances from which conclusion of guilt is to be drawn should be fully established. Suspicion, however strong it may be, cannot....
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....
Criminal Law – Appeal against conviction – Theory of last seen – Reliability of - The last seen theory comes into play where the time gap between point of time when Accused and deceased were seen las....
The conviction of the appellants for murder and conspiracy was upheld based on circumstantial evidence, establishing a common intention to kill for financial gain through witchcraft.
The court ruled that circumstantial evidence and confessions were insufficient to establish guilt beyond reasonable doubt, leading to the acquittal of the appellants.
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
