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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
Rajnish Kumar, Rajeev Singh
Raju Batham – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. criminal appeal filed against conviction under ipc. (Para 1 , 2 , 3 , 4 , 5) |
| 2. evidence supporting prosecution's case. (Para 6 , 16 , 18 , 24 , 38) |
| 3. appellant's claims of trial irregularities. (Para 11 , 12 , 13) |
| 4. onus of proof on appellant under evidence act. (Para 28 , 29 , 30) |
| 5. conviction upheld; appeal dismissed. (Para 39 , 40) |
JUDGMENT :
Rajnish Kumar, J.
(1) The instant Criminal Appeal under Section 374(2) of Code of Criminal Procedure, 1973 (here-in-after referred as Cr.P.C.) has been filed by the appellant against the judgment and order dated 30.07.2016 passed by learned Additional Sessions Judge, Court No.9, Unnao in Sessions Trial No.330 of 2015 (State Vs. Raju Batham) arising out of Case Crime No.419 of 2015, under Section 302 of the Indian Penal Code, 1860 (herein after referred as I.P.C.), Police Station Ganga Ghat, District Unnao, by means of which, the appellant has been convicted under Section 302 I.P.C. and sentenced to undergo life imprisonment and a fine of Rs.10,000/- and in default of payment of fine, to undergo six months additional imprisonment.
(2) The complainant- Smt. Santosh Kumari Kashyap, wife of Raju Batham i.e. the appellant submitte
Circumstantial evidence must be fully established beyond reasonable doubt, with the burden shifting to the accused after the prosecution proves its case.
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....
The court upheld the conviction under IPC Section 302, emphasizing that circumstantial evidence must form a complete chain, proving guilt beyond reasonable doubt without the accused providing an adeq....
Convictions based on circumstantial evidence must establish a reliable chain linking the accused to the crime beyond reasonable doubt.
Murder – Only on the basis of post-mortem report there cannot be conviction for offence punishable under Section 302, I.P.C.
Another important aspect to be considered in a case resting on circumstantial evidence is the lapse of time between the point when the accused and deceased were seen together and when the deceased is....
The burden of proof under Section 106 of the Indian Evidence Act shifts to the accused if the prosecution establishes the facts from which a reasonable inference can be drawn regarding the existence ....
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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