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KAUSHAL JAYENDRA THAKER, ARUN KUMAR SINGH DESHWAL
Rajveer Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Arun Kumar Singh Deshwal, J.
1. Heard Sri Man Bahadur Singh, learned counsel for the appellant and learned AGA for the State.
2. Present two appeals were filed against the judgement and order dated 28.10.2017 passed by learned Additional District & Sessions Judge (FTC), Court No.3, Bulandshahr in Sessions Trial No.271 of 2012 (State Vs. Rajveer Singh and another) by which both the appellants were awarded life imprisonment along with fine of Rs.20,000/- each, under Section-302 read with Section 34 IPC and in case of non-payment of fine they would further undergo two years incarceration. Appellants were also imposed six months imprisonment along with fine of Rs.10,000/- each under Section-201 IPC and in case of non-payment of fine, they would further undergo one year imprisonment.
Prosecution Case
3. As per the prosecution case, first informant Harbir Singh Arya Advocate (PW-1) had given a Tehrir dated 20.10.2011 to Station House Officer, Police Station-Narora, District-Bulandshahr stating therein that his son Lavkesh was married to Pooja, daughter of Rajveer resident of village-Kamalpur in the year 2009. Since, the date of marriage Smt. Pooja refused to live with his son Lavke
In cases based on circumstantial evidence, all circumstances must conclusively establish guilt beyond reasonable doubt; any gaps can benefit the accused.
Circumstantial evidence must be fully established and form a complete chain, with no reasonable doubt about the accused's guilt for a conviction to be upheld.
Murder – Only on the basis of post-mortem report there cannot be conviction for offence punishable under Section 302, I.P.C.
In cases based on circumstantial evidence, the prosecution must establish a complete chain of circumstances that excludes any reasonable hypothesis other than guilt, failing which the accused is enti....
Circumstantial evidence must establish a conclusive chain consistent with the accused's guilt; suspicion cannot replace proof beyond reasonable doubt in criminal convictions.
The court upheld the conviction based on circumstantial evidence, establishing a clear motive and reliable witness testimonies linking the appellant to the murder.
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