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SURESHWAR THAKUR, KULDEEP TIWARI
Swaran Singh @ Gora – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Kuldeep Tiwari, J.
The present appeal has been directed at the instance of appellant-accused against the verdict of conviction and order of sentence dated 10.11.2017, rendered by the learned Sessions Judge, Bathinda, in case FIR No. 204 dated 5.9.2016, registered under Section 302 of the INDIAN PENAL CODE , at Police Station Nathana, District Bathinda, whereby he has been convicted for the offence punishable under Section 302 of IPC, and, has been ordered to undergo sentence of imprisonment for life and to pay a fine of Rs 10,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of two years.
Factual Matrix
2. The prosecution agency was set into motion upon the receipt of information from one Gurtej Singh son of Hakam Singh (PW1). On 5.9.2016, ASI Karamjit Singh (PW11) along with other police officials was present at Railway Crossing, Bhucho Mandi, in connection with patrolling and checking of suspicious persons. There, complainant Gurtej Singh along with one Makhan Singh met them and got recorded his statement. The statement is read as under:-
The court ruled that weak circumstantial evidence and lack of motive cannot support a murder conviction, necessitating a complete chain of proof.
It is cardinal principle of criminal jurisprudence that incriminating recoveries can be used to corroborate substantive evidence.
The judgment emphasizes the requirement for complete and unimpeachable evidence to prove guilt beyond reasonable doubt in a case of circumstantial evidence.
Circumstantial evidence, when complete and consistent, can sustain a conviction without direct eyewitness testimony; minor discrepancies in testimonies do not negate the prosecution's case.
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 ....
It is a settled legal proposition that conviction of a person accused of committing an offence, is generally based solely on evidence that is either oral or documentary, but in exceptional circumstan....
Circumstantial evidence can establish guilt if it forms a complete chain pointing to the accused, even without direct evidence.
Circumstantial evidence must form a complete chain proving guilt beyond reasonable doubt; conviction upheld due to strong incriminating circumstances.
Another important aspect to be considered in a case resting on circumstantial evidence is the lapse of time between the point when the accused and deceased were seen together and when the deceased is....
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