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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
GURVINDER SINGH GILL, JASJIT SINGH BEDI
State Of Haryana – Appellant
Versus
Sumit @ Fundi – Respondent
JUDGMENT :
Jasjit Singh Bedi, J.
This judgment shall dispose of MRC-07-2022 sent by the District and Sessions Judge, Sonipat titled as State of Haiyana Versus Partap Sumit @ Fundi & another and CRA-D-229-2023 titled as Sumit @ Fundi & another Versus State of Haryana as the same are arising out of the same FIR. However, for the sake of convenience the facts have been taken from CRA-D- 229-2023.
2. The present appeal has been filed against the judgment of conviction and order of sentence dated 19.12.2022 passed by the Addl. Sessions Judge, Sonipat.
3. The FIR was registered on 11.05.2017, the judgment of conviction and order of sentence passed by the Addl. Sessions Judge, Sonipat is dated 19.12.2022, the appeal was filed on 13.02.2023 and the matter is being taken up for hearing now i.e. after a period of 8 years from the date of registration of the FIR.
4. The brief facts of the prosecution case are that on 11.05.2017 the complainant Ved Kaur (PW9) wife of Mahender Singh (PW8), Dhanak by caste r/o Sant Kabir Ashram Kalupur, Sonipat presented a complaint in the police station in the name of SHO, PS. City, Sonipat. She stated that she had two children. Amit was her son and her daughter was
Circumstantial evidence requires a complete chain proving guilt beyond reasonable doubt; motive alone is insufficient for conviction.
Circumstantial evidence can establish guilt if it forms a complete chain pointing to the accused, even without direct evidence.
In criminal cases based on circumstantial evidence, every link in the evidence chain must be fully established, with a complete narrative supporting the conclusion of guilt; mere suspicion is insuffi....
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 ....
The judgment establishes that circumstantial evidence must form a complete, unbroken chain directly linking the accused to the crime, which warranted a life sentence in this case.
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