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PRITINKER DIWAKER, SURENDRA SINGH-I
Rajendra Sharma – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Surendra Singh-I, J.
1. This appeal arises out of judgment and order of conviction and sentence dated 27.01.2016 passed by Additional Session Judge, Court No. 6, Aligarh, in Sessions Trial No. 604/2013, State of Uttar Pradesh Vs. Rajendra Sharma, arising out of Case Crime No. 1161/2012, Police Station-Gandhipark, District-Aligarh, convicting the appellant, Rajendra Sharma, u/s 302, 201 I.P.C. and sentencing him to undergo imprisonment for life and a fine of Rs.20,000/-u/s 302 I.P.C. and imprisonment of 3 years and a fine of Rs.5,000/- u/s 201 I.P.C. with default stipulation in both sections.
2. According to prosecution case, informant, Radhey Lal, son of late Uttam Chandra Sharma, submitted written report (Ext.Ka.1) on 21.12.2012 in Police Station-Gandhipark, District-Aligarh, to the effect that accused-appellant, Rajendra Sharma, son of Roshanlal, ran a dye factory on Ravanteela road. The informant’s son, Suraj, visited the factory for getting training in the dyeing work. The accused-appellant, Rajendra Sharma, often visited the house of informant, for calling his son to the factory. During course of such visits, accused-appellant, Rajendra Sharma, and informant’s daughter
The judgment establishes the principle that circumstantial evidence must be cogently and firmly established, pointing towards the guilt of the accused, and that confessional statements given to polic....
Convictions based on circumstantial evidence must establish a reliable chain linking the accused to the crime beyond reasonable doubt.
The judgment establishes the principles of circumstantial evidence, burden of proof, and the need for the accused to explain incriminating circumstances to establish guilt beyond reasonable doubt.
The court ruled that weak circumstantial evidence and lack of motive cannot support a murder conviction, necessitating a complete chain of proof.
Section 65-B(4) of Indian Evidence Act is as admissibility of electronic records.
The judgment underscores the necessity of establishing a complete chain of circumstances and the guilt of the accused beyond reasonable doubt in cases based on circumstantial evidence.
Murder – Only on the basis of post-mortem report there cannot be conviction for offence punishable under Section 302, I.P.C.
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