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SUJOY PAUL, PRAKASH CHANDRA GUPTA
Saroj Sen – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Prakash Chandra Gupta, J. - This judgment will dispose of Criminal Appeal No.1438/2010 and Criminal No.2147/2010. Since the court below passed the impugned judgment dated 28.06.2010, which are arising of the same incident, on the joint request of the parties, these appeals were analogously heard and decided by this common judgment.
2. These criminal appeals are directed against the judgment dated 28.06.2010 passed in Sessions Trial No.619/2009 passed by IXth Additional Sessions Judge, Bhopal. The Court below convicted the appellants under section 302/120-B of the IPC and sentenced them to undergo imprisonment for life and fine of Rs.5,000/-, with default stipulation to each of the appellants.
3. The prosecution story in nutshell is that one Sadaram (PW-14) gave intimation on 04.07.2009 to Police Station Pipalani, District Bhopal that one person is found dead near Dushehra ground and the dead body is full of blood, on this marg intimation (Ex.P/25) was registered. SHO R.R. Bansal (PW-18) on the same day i.e. 04.07.2009 at 8.30 am proceeded to the spot for the verification of the aforesaid intimation and found that a dead body was lying on Dushehra ground, in front of Akashwani
The main legal point established in the judgment is the requirement for the prosecution to prove criminal conspiracy beyond all reasonable doubts and the reliance on circumstantial evidence to establ....
The conviction of the appellants for murder and conspiracy was upheld based on circumstantial evidence, establishing a common intention to kill for financial gain through witchcraft.
The prosecution must establish a complete and cogent chain of circumstantial evidence beyond reasonable doubt; mere suspicion is insufficient for conviction.
The court upheld convictions for murder and conspiracy despite reliance on circumstantial evidence, finding sufficient connections through uncorroborated testimony and addressing potential political ....
(1) Circumstantial evidence – It is necessary for prosecution that circumstances from which conclusion of guilt is to be drawn should be fully established. Suspicion, however strong it may be, cannot....
The court affirmed that circumstantial evidence, when established beyond reasonable doubt, can support convictions for murder and conspiracy, emphasizing the necessity of a complete chain of evidence....
Section 120B of the IPC provides as Punishment of criminal conspiracy: Whoever is a party to a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous impris....
Circumstantial evidence, including recovery of crucial items, must be coherent and consistently point to guilt to meet the burden of proof required for conviction in murder cases.
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