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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
J.J.MUNIR, VINAI KUMAR DWIVEDI
Seema Gupta – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
J.J. Munir, J.
1. This appeal is directed against a judgment and order of Mr. Mohd. Quamar, the then Additional Sessions Judge/ Fast Track Court No.2, Shahjahanpur dated 18.02.2020 passed in Sessions Trial No.519 of 2014, convicting the appellants for an offence punishable under Section 302/ 34 of the Indian Penal Code (for short, 'IPC') and sentencing each of them to suffer imprisonment for life, besides a fine in the sum of Rs.10,000/- each; and, in default, ordering six months' simple imprisonment.
2. A First Information Report ('FIR' in short) was lodged by Brajesh Kumar with Police Station Kalan, District Shahjahanpur on 20.08.2014, saying that the informant was a resident of Village Mahodavan, Police Station Bilhaur, District Kanpur Nagar. His younger brother of full blood, Pradeep Kumar aged about 28 years, who was unmarried, was teaching for the three years past as a private tutor at Barah Kalan, P.S. Kalan. He was employed privately as a teacher with the Srinagar Inter College there. The employment would fetch him Rs.2500/- (presumably per month) and some money he would earn from the coaching he offered to students. Pradeep Kumar lived at Barah Kalan village in a r
Double strangulation murder on circumstantial evidence: unbroken chain (motive-honour killing via pregnancy, presence via calls, failed alibi, no S.106 explanation) rules out suicide absent contrivan....
Circumstantial evidence can establish guilt in homicide cases, particularly when the accused fail to provide a credible explanation for events that occurred in their vicinity.
The court held that mere suspicion is insufficient for a conviction; a complete chain of circumstantial evidence is required to establish guilt beyond a reasonable doubt.
The court affirmed the conviction of the defendants based on established evidence including eyewitness accounts and forensic links to the crime, despite challenges regarding witness reliability and p....
In a case based on circumstantial evidence, the prosecution must establish a complete chain of circumstances linking the accused to the crime. The accused has the burden of offering a cogent explanat....
(1) Section 34 IPC and 115 IPC would not go hand in hand.(2) Evidence is raw material which Judge or Adjudicator uses to reach a finding of fact – Courts can record order of conviction even in a case....
The judgment underscores that a conviction based solely on circumstantial evidence must establish an unbroken chain of events leading to guilt, with comprehensive corroboration against multiple hypot....
In criminal cases, consistent and credible evidence is essential; discrepancies and reliance on related witnesses can undermine the prosecution's case and result in acquittal.
The main legal point established is that in a case based on circumstantial evidence, the circumstances must conclusively establish the guilt of the accused, and extra-judicial confessions must be vol....
The main legal point established in the judgment is the shift of burden under Section 106 of the Indian Evidence Act, 1872 to the accused to explain facts within his knowledge, and the accused's obli....
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