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GURPAL SINGH AHLUWALIA, RAJEEV KUMAR SHRIVASTAVA
Sabir Khan – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
G.S. Ahluwalia, J. - This Criminal Appeal under Section 374 of Cr.P.C. has been filed against the Judgment and Sentence dated 8-7-2011 passed by Special Judge/Additional Sessions Judge, Guna in S.T. No. 283/2010, by which the Appellant has been convicted under Sections 302 , 201 of IPC and for offence under Section 302 of IPC, he has been sentenced to undergo Life imprisonment and a fine of Rs. 5,000/- in default 1 year R.I. and for offence under Section 201 of IPC, he has been sentenced to undergo Rigorous Imprisonment of 7 years and fine of Rs. 5,000/-, in default 1 year R.I.
2. The prosecution story in short is that a gum insaan report no. 74/2011 was lodged. During enquiry, the statements of complainant Neelu Bano, Salma Bano, and the Appellant were recorded. It was found that Appellant was seen for the last time with the deceased. Thereafter, the Appellant made a confessional statement that on the dispute of non- payment of loan amount, he had given sleeping pills to the deceased Naushad and thereafter, strangulated him, and his dead body has been buried in his own room. Chappal, Belt and Pant of the deceased have been thrown. Accordingly, FIR for offence under Sectio
In criminal cases relying on circumstantial evidence, the prosecution must establish a complete chain of circumstances beyond reasonable doubt, leaving no room for alternative hypotheses of innocence....
In a murder conviction based on circumstantial evidence, multiple corroborative factors, including the last seen theory and absence of alternative explanations, can establish guilt beyond reasonable ....
(1) Section 34 IPC and 115 IPC would not go hand in hand.(2) Evidence is raw material which Judge or Adjudicator uses to reach a finding of fact – Courts can record order of conviction even in a case....
Prosecution must prove the entire chain of circumstantial evidence beyond reasonable doubt, failing which conviction cannot be sustained.
The sufficiency of circumstantial evidence and the last seen theory in establishing the guilt of the accused.
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....
A conviction based on circumstantial evidence requires a complete chain of evidence that excludes all reasonable hypotheses of innocence.
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