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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
RAJESH SINGH CHAUHAN, ABDHESH KUMAR CHAUDHARY
Ajay Kumar – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Abdhesh Kumar Chaudhary, J.
1. The present Criminal Appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 (in short Cr.P.C.) has been filed by the accused/appellant - Ajay Kumar, against the judgment and order dated 05.10.2015 passed by the Additional Sessions Judge, Court No. 9, Barabanki, in Sessions Trial No. 992 of 2011 (State Vs. Ajay Kumar) arising out of Case Crime No. 133 of 2011 wherein he has been convicted and sentenced for punishment under Section 302 of the Indian Penal Code for life imprisonment, along with fine of Rs. 20,000/- with default stipulation.
CASE OF THE PROSECUTION
2. The prosecution case can be succinctly narrated as that on 22.04.2011, the informant Omchand Yadav (P.W.-1) who was working as a watchman in village Chiloki, submitted a written complaint/Tehrir (Exhibit-Ka-1) at Police Station Safdarganj, District Barabanki, stating inter-alia that on the said date at about 11:00 PM, while he was on routine night patrol of the said village, certain villagers informed him that two dead bodies were lying in the Rakhuna Chiloki forest. The said informant on receipt of such information proceeded to the said place of incident along-with some
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 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 judgment establishes the principle that the burden of proving guilt beyond reasonable doubt lies with the prosecution, and the use of circumstantial evidence must be complete and incapable of exp....
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....
Murder and disappearance of evidence – Whenever any doubt emanates in mind of Court, benefit shall accrue to accused and not prosecution – Conviction only on the basis of last seen together cannot be....
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....
The court upheld the conviction for murder based on circumstantial evidence, emphasizing the last seen theory and the accused's failure to explain the circumstances of the death.
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....
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