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PRITINKER DIWAKER, NALIN KUMAR SRIVASTAVA
Sanjoo @ Sanjay – Appellant
Versus
State of Uttar Pradesh – Respondent
Headnote: Read headnote
JUDGMENT :
Pritinker Diwaker, J.
1. Heard Shri Yogesh Srivastava for appellant Nos. 2, 3 & 4, Shri Manu Sharma, Amicus, for appellant No.1 and Shri J.K. Upadhyay, learned AGA for the State.
2. This appeal arises out of the impugned judgment and order dated 26.03.2009 passed by Special Judge (D.A.A.), Agra in S.T. No. 85 of 2002 (State Vs. Sanjoo @ Sanjay & others) arising out of Crime No. 78 of 2002, under Sections 394, 302, 411, 120-B, I.P.C, and Sessions Trial No. 97 of 2002, arising out of Crime Nos. 84 and 85 of 2002 under Sections 25 and 25/4 Arms Act, Police Station-New Agra, District Agra, convicting appellants Sanjay @ Sanjoo, Praveen Dubey, Banwari and Lala @ Kishan and sentencing them to undergo seven years rigorous imprisonment for the offence u/s 394 with a fine of Rs.5,000/-(each), in default thereof, to undergo additional simple imprisonment for one year; to undergo imprisonment of life for the offence under Section 302/34 of IPC with a fine of Rs.20,000/-(each), in default thereof, to undergo two year
The prosecution must establish a complete chain of circumstantial evidence beyond reasonable doubt for a conviction; mere suspicion is insufficient.
The prosecution must establish a complete chain of circumstantial evidence for conviction; mere suspicion and motive are insufficient.
The main legal point established in the judgment is the requirement for the prosecution to prove the charges beyond reasonable doubt, especially in cases involving circumstantial evidence and the awa....
Conviction based on circumstantial evidence requires a complete and conclusive chain of evidence that excludes all reasonable hypotheses of innocence.
In criminal cases based on circumstantial evidence, the prosecution must provide a complete and unbroken chain of evidence that conclusively points to the guilt of the accused, failing which the accu....
Circumstantial evidence must establish a clear and conclusive link between the accused and the crime for a conviction; mere conjecture is insufficient.
The prosecution must establish a complete chain of events in cases based on circumstantial evidence, and the burden of proof lies with the prosecution to prove the guilt of the accused beyond reasona....
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