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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
VIVEK AGRAWAL, RAMKUMAR CHOUBEY
Pratap Patel Alias Pratap Singh – Appellant
Versus
State Of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. appeal for suspension of sentence and bail. (Para 2 , 3) |
| 2. arguments regarding the circumstances of the appellant's guilt. (Para 4 , 5) |
| 3. court's examination of witness credibility. (Para 6 , 7 , 14) |
| 4. standards for criminal conviction and the doubt principle. (Para 15 , 16) |
| 5. final decision of acquittal. (Para 20 , 21 , 22 , 23) |
JUDGMENT :
1.Albeit, the matter is listed for consideration of I.A.No.19365/2025, which is first application filed under Section 389 (1) of the Code of Criminal Procedure , 1973 (for short "CrPC") for suspension of sentence and grant of bail to the appellant, however, rather pressing on the said application, the learned counsel for the parties concur to argue the matter finally. Thus, it is heard finally.
3. The encapsulated facts necessary to reach a decisive conclusion are that the first informant Kallu Patel on 27.09.2017 made a written report to the effect that his real brother Suraj Patel (hereafter referred to as ‘deceased’) was an auto-rickshaw driver. On 26.09.2017 at about 7.0’clock, deceased had gone to city for running auto-rickshaw. On 27.09.2017 at 8:00, he came to know that at Khajri Mohalla some unknown person has killed the
The conviction cannot stand without credible, corroborated evidence linking the accused to the crime, emphasizing the burden on prosecution to prove guilt beyond reasonable doubt.
Circumstantial evidence alone, especially the last seen theory without corroboration, is insufficient for conviction; guilt must be established beyond reasonable doubt.
In a case based on circumstantial evidence, the prosecution must prove all the circumstances which are required to be proved in order to complete the chain of circumstances towards the guilt of the a....
Conviction for murder can be sustained based on circumstantial evidence and the last seen theory, particularly when the accused fails to explain crucial circumstances.
The need for conclusive evidence and a complete chain of evidence to establish guilt, and the limited jurisdiction of the appellate court in interfering with findings of fact by the trial court.
In circumstantial murder cases, last seen theory alone cannot sustain conviction without complete evidentiary chain excluding innocence, especially with wide time gap allowing third-party interventio....
The reliance on the last seen theory and circumstantial evidence cannot suffice for conviction if there are significant gaps in the timeline, failing to establish the accused's guilt beyond reasonabl....
Circumstantial evidence must establish foundational facts beyond reasonable doubt for a conviction; the prosecution failed to prove the last seen theory and weapon recovery.
The last seen theory applies when substantial circumstantial evidence aligns with the timeline of events and the conduct of the accused post-incident undermines his defense.
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