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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
| Table of Content |
|---|
| 1. prosecution case outlines suspicious death. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. witnesses corroborate evidence post-death. (Para 10 , 11) |
| 3. witness testimonies present conflicting accounts. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 4. trial court proceedings and evidence review. (Para 21 , 22 , 23 , 24) |
| 5. appellant seeks appellate relief after conviction. (Para 25 , 26 , 27 , 28 , 29) |
| 6. arguments presented by both parties in appeal. (Para 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38) |
| 7. court’s analysis on circumstantial evidence. (Para 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48) |
| 8. evaluating motive and evidential links. (Para 49 , 50 , 51 , 52 , 53 , 54 , 55) |
| 9. final judgment reducing life sentence. (Para 56 , 57 , 58 , 59) |
| 10. conclusion on the appeal and sentencing. (Para 60 , 61 , 62) |
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
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....
Circumstantial evidence requires complete unbroken chain conclusively proving guilt and excluding innocence hypothesis; failure of key links like last seen, extra-judicial confession, motive, recover....
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.
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