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B. V. NAGARATHNA, MANOJ MISRA
State Of Punjab – Appellant
Versus
Kewal Krishan – Respondent
JUDGMENT :
1. Counsel for the appellant is present. None has appeared for the respondent. The office has submitted a report that notice has been served on the sole respondent, yet no one has entered appearance on his behalf.
2. We have heard Mr. Mohit Siwach, learned counsel for the appellant.
3. This appeal assails the judgment and order of the High Court of Punjab & Haryana (for short the High Court) dated 01.05.2012 rendered in Criminal Appeal No. 372 of 2002, whereby the judgment and order of the trial Court convicting and sentencing the respondent (Kewal Krishan) under Section 302, IPC has been set aside and the appellant (respondent herein) has been acquitted of the charges for which he was tried.
4. The prosecution case rests on evidence in respect of following circumstances:
(a) The deceased was last seen alive in his own house in the company of the accused at about 7.00 p.m. on 10.12.1998 by PW-2.
(b) Dead body of the deceased with multiple injuries was found in his house by PW-6, nephew of the deceased, on 12.12.1998 at around 1.00 pm.
(c) Autopsy conducted on 12.12.1998, at about 4.15pm, reflected that death of the deceased could have occurred within two days, as a result of sh
(1) Extra-judicial confession must be accepted with great care and caution – Extent of acceptability of an extra-judicial confession depends on trustworthiness of witness before whom it is given and ....
The prosecution must establish guilt beyond reasonable doubt, and mere circumstantial evidence or suspicion is insufficient for conviction.
In criminal cases relying on circumstantial evidence, the prosecution must prove each circumstance beyond reasonable doubt, and the evidence must form a complete chain that excludes other hypotheses ....
In criminal cases based on circumstantial evidence, all circumstances must be proven beyond reasonable doubt to establish guilt, and inconsistencies in witness testimonies can lead to acquittal.
In murder cases based on circumstantial evidence, each link must be established beyond reasonable doubt, with all evidence consistently pointing to the guilt of the accused.
The judgment establishes that a conviction based solely on circumstantial evidence requires a clear and conclusive chain of evidence, and that extra-judicial confessions must be corroborated by relia....
Circumstantial evidence must form a complete chain pointing to guilt, with the prosecution required to establish every link beyond reasonable doubt.
Circumstantial evidence requires complete unbroken chain conclusively proving guilt and excluding innocence hypothesis; failure of key links like last seen, extra-judicial confession, motive, recover....
It is a settled legal proposition that conviction of a person accused of committing an offence, is generally based solely on evidence that is either oral or documentary, but in exceptional circumstan....
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