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MANOJ MISRA, SYED AFTAB HUSAIN RIZVI
Vinod – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Syed Aftab Husain Rizvi, J.
1. We have heard Sri Ashok Kumar Tripathi, learned counsel for the appellants, and Sri Pankaj Saxena learned AGA for the State.
2. This criminal appeal has been filed against the judgment and order dated 17.03.2015 passed by the Additional Sessions Judge, Court No.4, Mathura, in Sessions Trial No.254 of 2013, arising out of Case Crime No.522 of 2012, Police Station Kosikala, District Mathura, convicting and sentencing the accused-appellants Vinod and Karmveer as under:-
INTRODUCTORY FACTS
3. The Factual matrix is as follows:-
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....
Point of Law : There can be a number of innumerable possibilities which Court need not go into as it was for the prosecution to establish that the accused alone had committed the offence.
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 ....
Circumstantial evidence – Where a case rests squarely on circumstantial evidence, inference of guilt can be justified only when all incriminating facts and circumstances are found to be incompatible ....
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 underscores that mere suspicion cannot replace proof in criminal cases, particularly when relying on circumstantial evidence.
The court emphasized that in criminal cases, mere suspicion cannot substitute for proof, and a complete chain of circumstantial evidence is essential for conviction.
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