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MANOJ KUMAR TIWARI, PANKAJ PUROHIT
Prem – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
PANKAJ PUROHIT, J.
1. This appeal is preferred by the appellant assailing the judgment and order dated 11.09.2018, passed by learned Fourth Additional Sessions Judge, Haridwar in Sessions Trial No. 291 of 2012, State vs. Prem, whereby the appellant has been convicted under Section 302 IPC and sentenced to undergo life imprisonment with fine of Rs. 30,000/- and in default of fine, he was sentenced to undergo two years’ additional simple imprisonment.
2. The facts of the case in brief are that a report was lodged by Shiv Kumar on 19.07.2012 at about 18:15 hours at Police Station Shyampur, District Haridwar to the effect that, on 16.07.2012 at about 12 noon, his mother-Krishna Devi and his father-Khem Chandra had gone in the jungle to fetch the wood. When they did not return taking the wood for a long time, he along with other people searched his parents and then his mother and father both were found dead in a jungle, who had been killed by causing injuries by some unknown persons. On the basis of above information, the case was registered under Section 302 IPC being Case Crime No. 56 of 2012 at Police Station Shyampur, District Haridwar.
3. The investigation officer conducted
The prosecution must establish a complete and unbroken chain of circumstantial evidence for a conviction; mere conjecture is insufficient.
Since there is no proper evidence that axe which was allegedly recovered was murder weapon, medical evidence that such an axe can cause the injuries that were found on the deceased, by itself, cannot....
The judgment underscores the necessity of establishing a complete chain of circumstances and the guilt of the accused beyond reasonable doubt in cases based on circumstantial evidence.
A conviction based solely on circumstantial evidence requires a complete and unbroken chain, with reasonable doubt favoring the accused.
Circumstantial evidence must form a complete chain to establish guilt beyond reasonable doubt in criminal cases.
The prosecution must establish a complete chain of evidence, including motive, in cases based on circumstantial evidence, and the evidence must be cogent, trustworthy, and exclude every possible hypo....
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