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RITU BAHRI, ALOK KUMAR VERMA
Zulfiqar alias Mota – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
ALOK KUMAR VERMA, J.
1. The present Appeal has been filed against the judgment dated 08.10.2014/09.10.2014, passed by learned District and Sessions Judge, Nainital in Sessions Trial No. 44 of 2011, State vs. Zulfiqar alias Mota and Another, whereby the appellant-accused has been convicted and sentenced to undergo imprisonment for life along with a fine of Rs.20,000/- for the offence under Section 302 of the Indian Penal Code, 1860 (in short, “IPC”); he has been convicted and sentenced to undergo rigorous imprisonment for a period of ten years with a fine of Rs.10,000/- for the offence punishable under Section 394 IPC; and, he has been further convicted and sentenced to undergo rigorous imprisonment for a period of two years for the offence under Section 411 IPC with default imprisonment. All the sentences have been directed to run concurrently.
2. Briefly stated the prosecution case as it emerges from re-appreciation of the evidence on record is that the informant Ashok Kumar Pandey (PW1) had lodged an FIR (Ext. Ka.6) through his written information (Ext. Ka.1) that he and his wife are teachers. This morning his daughter and his son went to school at around 7 a.m. He and hi
The court emphasized that in criminal cases, mere suspicion cannot substitute for proof, and a complete chain of circumstantial evidence is essential for conviction.
The judgment establishes the principle that in cases based on circumstantial evidence, the prosecution must present complete and conclusive evidence to establish guilt beyond all reasonable doubt. It....
Appeals against acquittal warrant interference only if trial findings perverse or impossible; circumstantial case fails without complete chain excluding innocence, as here due to witness inconsistenc....
In cases where the evidence is purely circumstantial in nature, the circumstances from which the conclusion of guilt is sought to be drawn must be fully established beyond any reasonable doubt and su....
Circumstantial evidence must provide a complete and unbroken chain conclusively establishing the accused's guilt; gaps in evidence require acquittal.
The judgment establishes the principle that the burden of proving guilt beyond reasonable doubt lies with the prosecution, and the use of circumstantial evidence must be complete and incapable of exp....
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