Back
ASHWANI KUMAR MISHRA, VINOD DIWAKAR
Deshraj @ Baba – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. This appeal is by the accused appellant Deshraj @ Baba challenging the judgment and order dated 18.02.2017, passed by Additional District and Sessions Judge, Court No. 3, Aligarh in Sessions Trial No. 779 of 2004 (State vs. Deshraj @ Baba and others) arising out of Case Crime No. 133 of 2003, whereby the accused appellant has been convicted under section 302 IPC and sentenced to life imprisonment with fine Rs. 20,000/- and in default of fine further undergo three months additional imprisonment; under section 201 IPC for three years imprisonment with fine of Rs. 10,000/- and in default of fine further undergo one month additional imprisonment; and under section 364 IPC for ten years imprisonment with fine Rs. 10,000/- and in default of fine further undergo one month additional imprisonment. All the sentences are to run concurrently.
2. It transpires that the village Chowkidar (PW-1) gave a written report, scribed by Pratap Singh (PW-2), to the police on 16.12.2003 at 10.00 AM stating that while he was going to ease himself at 08.00 AM outside the village he saw two unknown headless dead bodies in dry canal between Jaufari and Salempur Mafi and their heads were lying at a
In circumstantial murder cases, last seen theory alone cannot sustain conviction without complete evidentiary chain excluding innocence, especially with wide time gap allowing third-party interventio....
In criminal cases based on circumstantial evidence, a complete and conclusive chain establishing guilt beyond reasonable doubt is necessary; mere suspicion is insufficient.
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.
In a murder conviction based on circumstantial evidence, multiple corroborative factors, including the last seen theory and absence of alternative explanations, can establish guilt beyond reasonable ....
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....
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
