Back
SURESHWAR THAKUR, KULDEEP TIWARI
Krishan Kumar Jha – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Kuldeep Tiwari, J.
The present appeal has been directed at the instance of appellant/accused, against the verdict of conviction dated 04.06.2010, and, order of sentence dated 07.06.2010, rendered by the learned Additional Sessions Judge, Ambala, in case FIR No.27 dated 01.02.2009, registered under Sections 201 /302 of IPC, at Police Station Baldev Nagar, District Ambala, whereby he has been convicted for the offence punishable under Sections 201 and 302 of IPC, and, has been awarded sentence as under:-
| Offence under Section | Period (R.I.) | Fine | In Default |
| 201 of IPC | R.I. for 5 years | Rs.10,000/- | R.I. for 1 year |
| 302 of IPC | R.I. for life | Rs.25,000/- | R.I. for 2 years |
Prosecution Story
2. The prosecution agency was set into motion upon receipt of a telephonic message in the police station on 01.02.2009, at about 03:40 p.m., to the effect that a bundle of cloth is lying under the culvert of dirty drain, behind Motor Market, whereupon, SHO Suraj Bhan along with his co-officials reached at the spot. The bundle of cloth was taken out from the culvert and upon checking the same, a decomposed female dead body was found wrapped in it. One Surjit Singh Bhangu
Extra-judicial confessions require corroborative evidence to ensure reliability; circumstantial evidence must present a complete chain connecting the accused to the crime without reasonable doubt.
The main legal point established in the judgment is the application of circumstantial evidence, extra-judicial confession, motive, and the principle of last seen together to prove the guilt of the ac....
The judgment emphasizes the requirement for complete and unimpeachable evidence to prove guilt beyond reasonable doubt in a case of circumstantial evidence.
The presumption of innocence in criminal law reinforces the burden on prosecution to prove guilt beyond a reasonable doubt; acquittals cannot be disturbed without compelling evidence.
To convict based on circumstantial evidence, the prosecution must establish a complete chain of facts that consistently point to the guilt of the accused, and the burden of proof lies on the accused ....
The main legal point established in the judgment is the reliance on circumstantial evidence, the shift of burden of proof to the appellant, and the admissibility of extra-judicial confessions in esta....
In order to sustain conviction must be complete and incapable of explanation of any other hypothesis than that of the guilt of the accused and such evidence should not only be consistent with the gui....
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
