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K. J. THAKER, UMESH CHANDRA SHARMA
Vinod Chaudhari – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
(Umesh Chandra Sharma J.)
1. Heard Shri Arvind Kumar Kushwaha, Ms. Pooja and Shweta Kesarwani, learned counsel for the sole appellant and Shri N.K Srivastava, learned AGA for the state.
2. This appeal has been preferred by accused Vinod Chaudhari, husband of deceased, Sangeeta, against the judgment and order dated 13.2.2019 of conviction and sentencing in S.T. No. 10 of 2015 (State of UP Vs Vinod Chaudhari) arising out of crime No. 869 of 2014 u/s 302 IPC, Police Station Chopan, District Sonbhadra by ASJ II Sonbhadra.
3. In brief, facts of the case are that informant Lallu Chaudhary, elder brother of the appellant, on being informed by the appellant in the night of 30-9-2014 that his wife has been found dead inside the room, occupied by them rushed to the place of occurrence and saw the dead body of the deceased laying on the bed with spitted throat. The informant (PW 1) moved the complaint (Ex A13) on 1-10-2014 at 5:15 a.m against unknown miscreants. A chik FIR was prepared and police visited the place of occurrence thereafter and performed the punchanama, sent dead body
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The absence of corroborative evidence from reliable witnesses and the failure of the prosecution to establish a motive led to the overturning of the conviction based on circumstantial evidence.
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The prosecution must establish circumstantial evidence beyond reasonable doubt to support a conviction; mere suspicion is insufficient.
In a case based on circumstantial evidence, the prosecution must establish a complete chain of circumstances to exclude every reasonable ground for a conclusion consistent with the innocence of the a....
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