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SUBODH ABHYANKAR, SATYENDRA KUMAR SINGH
SANJAY S/o VISHNU PRASAD KUSHWAHA – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent
JUDGMENT SATYENDRA KUMAR SINGH, J. : – The appellant has preferred this criminal appeal under section 374(2) of the Code of Criminal Procedure, 1973 (2 of 1974) (in short “Cr.P.C.”) against the judgment dated 25-3-2007 passed by the 13th Additional Sessions Judge, Indore (M. P.) in S.T. No. 50/2006, whereby the appellant has been convicted under sections 364, 302 and 201 read with 34 of the Indian Penal Code, 1860 (in short “IPC”) and sentenced as under : –
| S. No. | Conviction | Sentence | ||
|
|
| Imprisonment | Fine amount | Additional imprisonment in default of payment of fine |
| 1 | 302 of IPC | Life imprisonment | Rs.10,000/- | 6 months RI |
| 2 | 364 of IPC | 10 years RI | Rs.2,000/- | 3 months RI |
| 3 | 201 of IPC | 3 years RI | Rs.1,000/- | 1 month RI |
2. Prosecution story, in brief is as follows : –
(i) That on 3-10-2005, at about 10.00 PM, while complainant Satyanarayan was standing at square near his residence 38/2, Jaibhawani Nagar, Indore along with his friends Balli Kushwah, Pappu Ghatge, Pappu Sharma, Manoj Solanki and brother deceased Kamal making collecti
The prosecution must prove guilt beyond reasonable doubt in criminal cases, especially when relying on circumstantial evidence, which requires stringent adherence to established evidentiary standards....
The sufficiency and reliability of circumstantial evidence, including the last seen theory, motive, abscondence, and recovery of evidence, in establishing guilt beyond reasonable doubt.
In a case based on circumstantial evidence, the prosecution must prove beyond a reasonable doubt that the circumstances are consistent with the guilt of the accused and that they exclude every other ....
Circumstantial evidence alone, especially the last seen theory without corroboration, is insufficient for conviction; guilt must be established beyond reasonable doubt.
Circumstantial evidence must form a conclusive chain linked to the accused, establishing guilt beyond reasonable doubt, with no viable alternative explanations for innocence.
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