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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
ABDHESH KUMAR CHAUDHARY, J
Jitendra Pal – Appellant
Versus
State – Respondent
JUDGMENT :
ABDHESH KUMAR CHAUDHARY, J.
1. Heard Shri Neeraj Singh and Shri Akhilendra Kumar Goswami, learned Counsels for the appellant, as well as Shri Umesh Verma, learned A.G.A. for the State.
2. The present Criminal Appeal has been filed against the impugned judgment and order dated 25.08.2017, passed by the learned Trial Court in Sessions Trial No. 205 of 2015, arising out of Case Crime no. 124 of 2015, whereby the Appellant has been convicted under Section 302 I.P.C. and sentenced to undergo Rigorous Imprisonment for Life and fine of Rs. 20,000/- in default mof payment of fine, additional Rigorous Imprisonment for one year.
CASE OF THE PROSECUTION
3. The factual matrix leading up to the filing of the present Criminal Appeal is delineated herein below:
3.1) In the present case, with respect to an incident occurred on 09.03.2015, a written tehrir was filed with Police Station Ajgain, District Unnao, by the informant namely Smt. Kunta, mother-in-law of the Appellant on 10.03.2015, with the averments that her daughter namely Anita (deceased) had been married to the Appellant-Jitendra Pal, about two years ago. On 09.03.2015, the appellant brought his wife Anita to the informant’s house
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 ....
The main legal point established in the judgment is the application of the 'last seen together theory' and the reliance on circumstantial evidence, medical evidence, and recovery evidence to establis....
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....
Conviction on circumstantial evidence requires such evidence to establish a complete chain pointing exclusively to guilt, without leaving doubt about the accused's innocence.
In criminal cases based on circumstantial evidence, all links in the evidence chain must be established beyond reasonable doubt; mere suspicion is insufficient for conviction.
The sufficiency of circumstantial evidence and the last seen theory in establishing the guilt of the accused.
Circumstantial evidence alone, especially the last seen theory without corroboration, is insufficient for conviction; guilt must be established beyond reasonable doubt.
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