Back
SUJOY PAUL, PRAKASH CHANDRA GUPTA
ASHUTOSH S/o SUBHASH KAITHWAS – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent
JUDGMENT SUJOY PAUL, J. : – This appeal filed under section 374(2) of the Code of Criminal Procedure, 1973 (In short “Cr.P.C”) assails the judgment dated 21-2-2011 passed in Sessions Trial No. 670/2009 whereby the appellant was held guilty for committing offence under section 302 of Indian Penal Code and directed to undergo sentence of life imprisonment with fine of Rs. 1,000/- with default stipulation.
2. The brief facts are that appellant and deceased Jagdamba Prasad Saket were students and were residing in room No. 19 of Industrial Training Institute (ITI), Madhotal, Jabalpur. The deceased left the hostel on 12-8-2009 and went to his native place namely; Singrauli. In the meantime, Hostel Superintendent Shri L. M. Agnihotri (PW-1) issued an order to change the room of both the said students. The appellant was directed to shift room No. 16 whereas deceased was directed to remain in room No. 19.
3. As per the prosecution story, deceased Jagdamba Prasad came back from Singrauli to his room No. 19 on 24-8-2009 at around 6:00 A.M. When Jagdamba Prasad opened his locker, he found that his mark-sheet is missing. He promptly informed the other students and Superintendent Shri L. M. Agni
(1) Appeal by Special Leave – If finding of guilt is returned without properly evaluating and testing evidence by applying requisite legal principles, it can always be corrected by Supreme Court in e....
The main legal point established in the judgment is the application of circumstantial evidence, including the 'last seen theory', recovery of the body from exclusive possession, and the significance ....
The admissibility of information provided by the accused while in police custody, and the application of Section 27 of the Evidence Act in determining the evidentiary value of the disclosure statemen....
Circumstantial evidence can establish guilt if it forms a complete chain pointing to the accused, even without direct evidence.
Once the Prosecution bases its case on Section 27 of the Evidence Act then necessarily the procedure laid down therein must be followed to the hilt, as the liberty of an individual is at stake.
Another important aspect to be considered in a case resting on circumstantial evidence is the lapse of time between the point when the accused and deceased were seen together and when the deceased is....
Circumstantial evidence, including the last seen witness's testimony, the recovery of bloodstained items, and the admissibility of the appellants' statements under Section 27 of the Indian Evidence A....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
