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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
RAJESH SINGH CHAUHAN, ABDHESH KUMAR CHAUDHARY
Yasin – 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 (hereinafter referred as to “Cr.P.C.”) has been filed by the appellant/ accused-Yasin against the judgment and order dated 22.09.2011 passed by the Additional Sessions Judge, Court No. 11, Gonda, in Sessions Trial No. 371 of 2009 (State Vs. Yasin and others) arising out of Crime Case No. 154 of 2009, wherein he has been convicted for commission of the offence under Section 302 I.P.C. and sentenced to undergo life imprisonment along with a fine of Rs.10,000/-. In case of default of payment of fine, the appellant has been directed to further undergo one-year simple imprisonment.
CASE OF THE PROSECUTION
2. The case of the prosecution in nutshell is that Appellant’s wife Haseena Bano died in suspicious circumstances in the intervening night of 29th/30th April, 2009. The Village Chowkidar -Ramzan (P.W.-3), on receiving such information reached the house of the Appellant/his Wife, wherein he noticed certain injury marks on the body of the deceased-wife, suggesting that the death was unnatural. Hence, the said Village Chowkidar gave a written report of the in- ci
Circumstantial evidence alone suffices for conviction if it forms an unbroken chain that excludes every possibility of innocence, alongside corroborative extra-judicial confessions.
(1) Section 106 of Evidence Act does not directly operate against either a husband or wife staying under same roof and being last person seen with deceased.(2) In a case of circumstantial evidence, m....
For a conviction based on circumstantial evidence, the prosecution must establish a clear chain of evidence that excludes reasonable doubt regarding the accused's guilt.
(1) Murder – If in a case based on circumstantial evidence, accused evades response to an incriminating question or offers a response which is not true, such a response, in itself, would become an ad....
The distinction between culpable homicide and murder lies in the nature and intent of the assault; insufficient evidence can lead to conviction modification.
Conviction set aside - Murder case - Quality of the prosecution evidence is too poor to satisfactorily establish any of the three circumstances for holding the appellants guilty of the offence of mur....
In murder cases based on circumstantial evidence, each link must be established beyond reasonable doubt, with all evidence consistently pointing to the guilt of the accused.
A conviction based solely on circumstantial evidence requires a complete and unbroken chain, with reasonable doubt favoring the accused.
Provisions of Section 106 of Evidence Act itself are unambiguous and categoric in laying down that when any fact is especially within knowledge of a person, burden of proving that fact is upon him.
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