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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
CHANDRA DHARI SINGH, DEVENDRA SINGH-I
Naresh Chaudhary – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
CHANDRA DHARI SINGH, J.
1. The instant Criminal Appeal has been sent from jail by the accused-appellant, Naresh Chaudhary against a judgment dated 27.07.2015 and order dated 30.07.2015 passed by the Additional Sessions Judge, Court No. 2, Ghaziabad in Sessions Trial No. 1999 of 2009 arising out of Case Crime No. 971 of 2009, under Section 302 I.P.C., Police Station Vijaynagar, district Ghaziabad, whereby the learned Judge convicted and sentenced the appellant to imprisonment for life and a fine of Rs. 25,000/- and in default of payment of fine, the appellant was further directed to undergo imprisonment of two years.
Brief Facts
2. In nutshell, the case of the prosecution as set up in the first information report is that a written report was filed by Preeti Chaudhary, daughter of Naresh Chaudhary, resident of Lane No. 1, 36/4 Krishna Nagar Bagu, Ghaziabad that in the night intervening 2/3.09.2009 her mother-Meera Chaudhary (herein after referred to as “the deceased”) has been strangulated to death by her father-Naresh Chaudhary (hereinafter referred to as “the accused-appelant”) by Lungi. It is mentioned in the report that at about 9:30 PM, when her mother came to house after
The court affirmed that circumstantial evidence must create a complete and unbroken chain establishing guilt beyond a reasonable doubt for a murder conviction under IPC Section 302.
Circumstantial evidence must be fully established and form a complete chain, with no reasonable doubt about the accused's guilt for a conviction to be upheld.
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.
In cases of circumstantial evidence, the prosecution must establish a complete chain of circumstances consistent only with the accused's guilt, excluding any reasonable hypothesis of innocence.
Eyewitness testimony holds credibility even when minor contradictions exist; motive for crime established through related witness accounts legitimizes conviction under Section 302 IPC.
Another important aspect to be considered in a case resting on circumstantial evidence is the lapse of time between the point when the accused and deceased were seen together and when the deceased is....
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.
Point of Law : Any weakness in the defence case would not obviate the prosecution from establishing the charge based on circumstantial evidence.
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