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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
CHANDRA DHARI SINGH, DEVENDRA SINGH-I
Girraj Singh – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
CHANDRA DHARI SINGH, J.
1. This criminal appeal has been filed against the judgement and order dated 14.12.2017 passed by Additional District and Sessions Judge, Court No.13, Agra in Session Trial No. 380 of 2012, arising out of Case Crime No. 320 of 2012, under Section 302 IPC, Police Station Sikandara, District Agra whereby the learned Judge convicted and sentenced the appellant to life imprisonment and a fine of Rs. 50,000/- under Section 302 IPC and in case of default in payment of fine, the appellant was further directed to undergo six months additional imprisonment.
Brief facts
2. The facts that formed the bedrock of the instant criminal appeal are that a written report was given on 29.04.2012 by the first informant Ram Khiladi written by one Mukesh Kumar at the police station Sikandara, district Agra that he is resident of Haat Maidan, police station Raja Kheda, district Dhaulpur and is presently residing in Mohalla Vinayak Nagar, police station Sikandar. At about 2.00 PM on 28.04.2012, when he along with his son Rakesh aged about 24 years and his elder son Raju were present at his house, at that time Girraj (hereinafter referred to as “the appellant”) son of Deewan S
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.
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....
Conviction for murder can be sustained based on circumstantial evidence and the last seen theory, particularly when the accused fails to explain crucial circumstances.
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 principles of circumstantial evidence, the last seen theory, and the burden of proof under Section 106 of the Indian Evidence Act in establishing guilt in criminal cases.
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....
In criminal cases based on circumstantial evidence, a complete and conclusive chain establishing guilt beyond reasonable doubt is necessary; mere suspicion is insufficient.
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....
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