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SUDHIR SINGH, KARAMJIT SINGH
Shankar – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Mr. Sudhir Singh, J.:- This judgment shall dispose of CRA-D-118-2019, CRA-D-1107-DB-2018, CRA-S-2982-SB-2018, CRA-S-3153-SB 2018 and CRA-S-3154-SB-2018 together as all the appeals, have arisen out of a common judgment of conviction and order of sentence.
2. Vide judgment and order dated 12/18.07.2018 passed by the learned Additional Sessions Judge, Gurugram, the appellants have been convicted and sentenced to undergo rigorous imprisonment for a period of five years for the offence under Section 412 IPC along with a fine of Rs. 5,000/- each and in default of payment of fine, to further undergo a simple imprisonment for a period of six months. Besides this, appellants, namely, Ranjit, Shankar, Bablu and Gautam have been sentenced to undergo imprisonment for life for the offence under Section 396 IPC along with fine of Rs. 10,000/- each and in default of payment of fine, to further undergo simple imprisonment for a period of one year and to further undergo rigorous imprisonment for a period of seven years for the offence under Section 457 IPC along with a fine of Rs. 5,000/- each and in default of payment of fine, to further undergo a simple imprisonment of 6 months.
3. Vide o
The court upheld the conviction based on corroborative evidence despite non-compliance with Section 65-B of the Evidence Act regarding electronic records.
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 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....
Point of Law – POCSO – Sentence - certificate under S. 65B(4) is unnecessary if the “original document” itself is produced, since it is being used as primary evidence of the information contained in ....
In criminal cases based on circumstantial evidence, the prosecution must establish a complete and unbroken chain of evidence beyond reasonable doubt to secure a conviction.
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