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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SIDDHARTH, JAI KRISHNA UPADHYAY
Balak Ram – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
JAI KRISHNA UPADHYAY, J.
1. Heard Sri Chetan Chatterjee, learned counsel appointed by the High Court Legal Service Committee for arguing the appeal on behalf of appellant no.2, who has also been appointed as amicus curiae by this Court for arguing the appeal on behalf of appellant no. 3; Sri G. N. Kanojiya, learned A.G.A.-I appearing on behalf of the State and perused the trial Court record as well as the judgment and order passed by the trial Court.
2. This criminal appeal has been preferred by the appellants against the judgment and order of sentence dated 24.09.2005 passed by the Additional Sessions Judge, Saharanpur arising out of Case Crime No. 37 of 1992, registered as Sessions Trial No. 66 of 1995 (State Vs. Anoop Singh and others), whereby the learned Additional Sessions Judge had convicted appellant Anoop Singh under Section 364 and 302/34 I.P.C. and sentenced him under Section 364 I.P.C. to undergo 10 year rigorous imprisonment with fine of Rs. 10,000/- and to undergo life imprisonment with fine of Rs. 10,000/- under Section 302/34 I.P.C. In case of default in the payment of fine, he was sentenced to undergo additional sentence of three months. Appellants, Ram Kum
For a conviction based on circumstantial evidence, the prosecution must establish a complete, coherent chain of circumstances excluding all reasonable hypotheses of innocence.
The prosecution must prove guilt beyond reasonable doubt in criminal cases, especially when relying on circumstantial evidence, which requires stringent adherence to established evidentiary standards....
Circumstantial evidence alone, especially the last seen theory without corroboration, is insufficient for conviction; guilt must be established beyond reasonable doubt.
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.
In criminal cases based on circumstantial evidence, a complete and conclusive chain establishing guilt beyond reasonable doubt is necessary; mere suspicion is insufficient.
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, including motive and last seen theory, can establish guilt in murder cases when direct evidence is unavailable.
A conviction based on circumstantial evidence requires a complete chain of evidence that excludes all reasonable hypotheses of innocence.
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