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ANANDA SEN, GAUTAM KUMAR CHOUDHARY
Vijay Kumar Sai, son of Late Chand Sai – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Per Gautam Kumar Choudhary, J.
Sole appellant is before this Court in appeal against the judgment of conviction and sentence under Sections 302, 201 of the IPC and Section 3/4 Witch (Daain) Practices Act, 1999.
2. Informant is the son of the deceased Dayamani Devi. As per FIR, the informant who was student of Class IX, had gone to take part in flag hoisting ceremony on the eve of Independence Day. His elder sister Kalawati Devi was married and living in her matrimonial home in another village, whereas his younger sister had also gone to meet her. Father of the informant was a farmer and had left his home in the morning for grazing the cattle and his mother was all alone in the house. At around 1.30 in the day time, when the informant returned home, he did not find his mother and therefore, went behind his house looking for her. He found his mother dead, lying in a pool of blood and her neck had been partially severed and there was also marks of bleeding injury over her left hand. On alarm being raised, people gathered there. Father of the informant had not returned and the informant and villagers went in search for him in the jungle area to inform about the incidence. While
Circumstantial evidence can establish guilt beyond reasonable doubt in murder cases, provided it is compelling and supported by admissible evidence.
The prosecution must prove guilt beyond a reasonable doubt; significant discrepancies in evidence warranted the appellant's acquittal.
A conviction based on circumstantial evidence requires a complete chain of evidence that excludes every reasonable hypothesis except guilt; suspicion alone is insufficient for conviction.
The legal principle established is that the entire deposition of an eyewitness should not be discarded if some portion is found to be false, and the legal requirements for establishing guilt based on....
Criminal Law - Criminal Trial - Injuries/Wounds/Weapons - Appeal against conviction - Injuries sustained by two deceased women have direct nexus with weapons of offence as recovered by police on basi....
Murder Charge - When a murder charge is to be proved solely on circumstantial evidence, as in this case, presumption of innocence of the accused must have a dominant role.
The prosecution failed to establish a sufficient chain of circumstantial evidence to link the appellant to the murder, leading to acquittal.
The prosecution must prove guilt beyond reasonable doubt, and weak evidence or absence of corroboration undermines conviction in murder cases.
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