Back
SHIV SHANKER PRASAD, ASHWANI KUMAR MISHRA
Somawati – Appellant
Versus
State – Respondent
JUDGMENT :
Ashwani Kumar Mishra, J.
1. This jail appeal has been instituted by the accused Somwati (since deceased) and her alleged paramour Kallu, who have been convicted vide judgment and order dated 27.9.2008, passed by Additional Sessions Judge, Court No.1, Kanpur Dehat, in Sessions Trial No.452 of 2007 and sentenced to life imprisonment under Section 302 read with Section 34 IPC, arising out of Case Crime No.223 of 2007, at Police Station Sajeti, District Kanpur Dehat.
2. The prosecution case proceeds on a written information of the Village Chowkidar, who while going to his field on 14.8.2007 at about 8.30 a.m. saw that number of villagers had gathered in front of the house of late Nanku, and when he reached there he found various villagers including Shivnandan son of Baddu, Ravindra son of Virendra Sachan, Vijay Kumar son of Ramaee, Shivram Babu son of Vidhalal, Jagroop son of Parson etc. In the hutment he found the dead body of two sons of late Nanku namely Ramchandra and Veeru. The villagers were asking their mother Somwati and her second husband Kallu as to how the incident occurred. Initially they avoided the question but later confessed that Kallu wanted to purchase a tract
The prosecution must establish a reliable chain of circumstantial evidence for conviction; mere allegations and weak evidence are insufficient.
Extra-judicial confessions require corroborative evidence to ensure reliability; circumstantial evidence must present a complete chain connecting the accused to the crime without reasonable doubt.
There is no doubt that convictions can be based on extra-judicial confession but it is well settled that in very nature of things, it is a weak piece of evidence.
For a conviction based on circumstantial evidence, the prosecution must establish a clear chain of evidence that excludes reasonable doubt regarding the accused's guilt.
It is a settled legal proposition that conviction of a person accused of committing an offence, is generally based solely on evidence that is either oral or documentary, but in exceptional circumstan....
Extrajudicial confession can support a conviction if credible, corroborated by other evidence, and satisfies standards for circumstantial evidence.
In criminal cases based on circumstantial evidence, the prosecution must establish a complete and unbroken chain of evidence to prove guilt beyond reasonable doubt.
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
