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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
PREM NARAYAN SINGH
Khushvant @ Dabbu – Appellant
Versus
State Of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. overview of the case and prosecution details. (Para 1 , 2 , 3 , 4) |
| 2. arguments presented by both appellant and respondent. (Para 6 , 7) |
| 3. examination of evidence and eyewitness reliability. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 4. principles of burden of proof and presumption of innocence. (Para 14 , 15 , 16 , 17 , 19) |
| 5. final judgment and acquittal of the appellant. (Para 20 , 21 , 22 , 23 , 24 , 25) |
JUDGMENT :
Prem Narayan Singh, J.
The present appeal is filed against the judgment of conviction and sentence dated 10.09.2022, passed by learned Eight Additional Session Judge, Ujjain in S.T. No.250/2021, whereby the appellant has been convicted for the offence punishable U/s 392/397 of INDIAN PENAL CODE , 1860 and sentenced to undergo 7 years imprisonment and fine of Rs.10,000/-, and usual default stipulations.
2. As per the prosecution case, on 26.08.2021 at about 10.30 pm complainant Brijgopal Yadav went to Binnu Badoriya's Pan shop to have some tobacco. At that time, appellant reached the spot, he pointed knife in the neck of the complainant and snatched away seven grams golden chain worth Rs.20,000/- from the complainant. This incident was witnessed by Binnu Badoriya a
The presumption of innocence is fundamental; convictions cannot be based on mere suspicion or unproven allegations, requiring robust proof from the prosecution.
Revisional court cannot reappreciate evidence absent perversity; chain snatching without preparation for hurt/restraint is theft (s.379 IPC), not s.382; victim ID, TIP, disclosure recovery sufficient....
Identification of an accused at trial, despite lacking a Test Identification Parade, can support a conviction when corroborated with reliable recovery evidence.
Circumstantial evidence murder conviction cannot rest on solitary unproven recovery of stolen property without complete chain; accused's probable explanation on preponderance of probability entitles ....
The testimony of the complainant as the victim should be accorded great weightage unless there are strong grounds for rejection.
Motive assumes great significance where a conviction is sought to be predicated on circumstantial evidence alone.
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