Back
M. S. RAMACHANDRA RAO, SUKHVINDER KAUR
Ranjit Kaur – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Sukhvinder Kaur, J.
Appellant-Ranjit Kaur has preferred the instant application under Section 378(3) Cr.P.C., 1973 seeking leave to appeal against judgment dated 17.08.2016, passed by learned Sessions Judge, Yamuna Nagar at Jagadhri, vide which respondents No.2 and 3 have been acquitted.
2. Along-with the instant application, an application seeking condonation of delay of 107 days has also been moved.
3. The factual scenario, as highlighted by the prosecution, is that on 16.11.2015, an information was received at Police Station, Bilaspur, that dead body of some unknown person was lying at Kacha Passage in front of Krishna Nand Dera, Kapal Mochan. The police party on reaching there, found that dead body was lying at Kacha Passage leading to the office of Ekta Sahayata Samiti. A shirt, a trousers, a Parna (a cloth for wrapping around head) a single shoe and a bunch of hair were also lying near the dead body, which were converted into separate parcels. Blood stained earth was lifted from the spot and was also converted into sealed parcel. The other shoe was also lying nearby, which was also converted into sealed parcel. Photographs of the dead body with surroundings were taken.
The burden of proof lies with the prosecution to establish guilt beyond reasonable doubt, requiring all circumstantial evidence to exclude reasonable hypotheses of innocence.
The prosecution must prove guilt beyond reasonable doubt in criminal cases, especially when relying on circumstantial evidence, which requires stringent adherence to established evidentiary standards....
The need for conclusive evidence and a complete chain of evidence to establish guilt, and the limited jurisdiction of the appellate court in interfering with findings of fact by the trial court.
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 judgment emphasizes the requirement for complete and conclusive circumstantial evidence to establish guilt beyond reasonable doubt in criminal cases.
The appellate court cannot overturn an acquittal unless the trial court's decision is perverse or unsupported by evidence, emphasizing the presumption of innocence.
A conviction based on circumstantial evidence requires a complete chain of evidence that excludes all reasonable hypotheses of innocence.
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
