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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MANOJ KUMAR GARG,
SANJEET PUROHIT
STATE – Appellant
Versus
BHEEMA AND ORS – Respondent
[2025:RJ-JD:33814-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Appeal No. 582/2002 State of Rajasthan ----Appellant Versus
1. Bheema son of Dola Gurjar aged 50 years resident of Pasund P.S. Rajnagar District Rajsamand
2. Mal Chand son of Shri Modi Ram Gurjar resident of Koyal – presently residing at village Sewali P.S. Rajnagar District Rajsamand
3. Paras Ram son of Nathu Gurjar resident of Pasund P.S. Raj Nagar District Rajsamand.
----Respondents Connected With D.B. Criminal Revision Petition No. 259/2002 Smt. Badami Bai widow of Late Sh. Mohanlal(deceased) resident of Boraj Ka Kheda, P.S. Rajnagar, District Rajsamand.
----Appellant Versus
1. Bheema son of Dola Gurjar, resident of Pasund, P.S. Rajnagar, District Rajsand.
2. Mal Chand son of Modi Ram Gurjar, resident of Village Koyal, at present Sevali, P.S. Rajnagar, District Rajsamand.
3. Paras Ram s
The prosecution must establish a complete and unbroken chain of circumstantial evidence to prove guilt beyond reasonable doubt; failure to do so results in acquittal.
The importance of establishing a clear motive and the need for circumstantial evidence to be cogently and firmly established, pointing towards the guilt of the accused.
Mere suspicion, however, strong it may be, cannot be a substitute for acceptable evidence and one cannot be convicted on the basis of mere suspicion.
In cases based on circumstantial evidence, the prosecution must establish a complete and unbreakable chain of events to prove the guilt of the accused beyond reasonable doubt.
Accused cannot be convicted on the ground of suspicion, no matter how strong it is – There is not only a grammatical but a legal distinction between ‘may be proved’ and ‘must be or should be proved’.
In criminal cases based on circumstantial evidence, the prosecution must provide a complete and unbroken chain of evidence that conclusively points to the guilt of the accused, failing which the accu....
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