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VIVEK RUSIA, RAJENDRA KUMAR VANI
Dinesh – Appellant
Versus
State of M. P. – Respondent
JUDGMENT
Vani, J. -- 1. This judgment shall govern the disposal of all the three appeals.
2. These appeals have been preferred by the appellants against the judgment dated 24.9.2013 passed by the 7th Additional Sessions Judge, Gwalior (M.P.) in S.T.No.18/2012, whereby the appellants have been convicted under sections 364-A/34, 302/34 and 201/34 read with section 13 of the MPDVPK Act and sentenced to undergo life imprisonment with fine of Rs.2,000/- each under sections 364-A/34 and 302/34 of IPC and 3 years RI with fine of Rs.1,000/- under section 201/34 read with section 13 of the MPDVPK Act with default stipulations.
3. Prosecution case, in brief, is that deceased Rohit was the son of Dharmendra Singh (PW-1) and was residing at Shatabdipuram, Gwalior along with his parents. On 19.3.2012 at about 6 pm he was playing in the park and thereafter he went missing and could not be traced. On 20.3.2012 at police Station Maharajpura his missing person report was recorded. On 27.3.2012 on the mobile number of father of the deceased 9893139206 one call was received from mobile number 07566602381 and the caller said that Rohit is in his possession and demanded Rs.20,00,000/- in lieu of his rel
The prosecution must establish an unbroken chain of evidence beyond reasonable doubt for conviction, failing which the accused is entitled to acquittal.
(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 judgment emphasizes the importance of reliable evidence in cases based on circumstantial evidence, the burden of proof on the prosecution, and the right of the accused to remain silent.
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....
In criminal cases based on circumstantial evidence, every link in the evidence chain must be fully established, with a complete narrative supporting the conclusion of guilt; mere suspicion is insuffi....
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