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MANOJ MISRA, SAMEER JAIN
Subhash Chandra @ Kalloo – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. These two appeals are against the judgment and order dated 19.1.2013 passed by Additional Sessions Judge (E.C.P.), Court No. 26, Shahjahanpur in Sessions Trial No. 233 of 1993 whereby, the appellants have been convicted under Sections 302 and 201 I.P.C. and awarded sentence of imprisonment for life and seven years R.I., respectively, alongwith fine of Rs. 10,000/- and Rs. 5,000/- respectively. All sentences were to run concurrently. The appellants were, however, acquitted of the charge of an offence punishable under Section 364 I.P.C.
INTRODUCTORY FACTS
2. The prosecution case, in brief, as per the written report (Exb. Ka-1), dated 4.10.1990, scribed by Ram Kishan (not examined), lodged by Shyama Charan (brother of the deceased - not examined), which was registered on 4.10.1990 at 20.30 hrs. giving rise to Case Crime No. 384 of 1990 at P.S. Jalalabad, District-Shahjahanpur, is that on 29.9.1990, informant's elder brother, Ram Ratan (the deceased), while he was in his jewellery shop at Jalalabad was visited by two persons, namely, Subhash Chandra @ Kallu (appellant No. 1 in Crl. Appeal No. 420 of 2013) and Parshuram (appellant in Crl. Appeal No. 1059 of 2013). At about
The main legal point established in the judgment is that the chain of events pointing exclusively to the guilt of the accused-appellant was not established based on circumstantial evidence.
The court emphasized that for a conviction based on circumstantial evidence, a complete chain of circumstances must be established, excluding all reasonable hypotheses of innocence.
In criminal cases relying on circumstantial evidence, the prosecution must establish a complete chain of circumstances beyond reasonable doubt, leaving no room for alternative hypotheses of innocence....
Circumstantial evidence requires complete chain excluding innocence; long time gap invalidates last seen theory without ruling out third-party intervention; open-place recoveries lack credibility; un....
Circumstantial evidence conviction requires complete chain excluding innocence; unreliable last seen due to time gap, tainted recoveries from duress/public access justify acquittal.
The main legal point established in the judgment is the application of circumstantial evidence, including the 'last seen theory', recovery of the body from exclusive possession, and the significance ....
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