Application under CrPC to recall leave to appeal against acquittal in murder case dismissed. High Court held prosecution failed to prove SMS origin and evidence was insufficient for conviction.
Prayer for leave to appeal dismissed; CrMP dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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CRMP No. 1177 of 2019
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRMP No. 1177 of 2019
---- Applicant
Versus
---- Respondent
For Applicant : Shri K.K. Singh, Govt. Advocate.
Hon'ble Shri Prashant Kumar Mishra & Hon'ble Shri Gautam Chourdiya, JJ
Order On Board By Prashant Kumar Mishra, J
15/07/2019 :
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CRMP No. 1177 of 2019
pm on 15.5.2009. The concerned police was not able to trace the accused, as no evidence was available. After about 2 years, family members of the deceased allegedly received a SMS that the sender has murdered Jeetbandhan Kushwaha and if Rs.2 lakhs are not paid, other family members would also be murdered. The SMS was found to have been sent by the accused, therefore, he was arrested and his memorandum statement was recorded pursuant to which knife was recovered from his possession. Except for this evidence, there is no other incriminating circumstance against the accused. The prosecution has not collected electronic evidence to prove that the SMS was sent from the mobile number owned or possessed by the accused.
Sd/Sd/(Prashant Kumar Mishra) (Gautam Chourdiya) Judge Judge
Barve
2 issues framed by the court
Whether leave to appeal under CrPC against a judgment of acquittal in a murder case should be allowed when prosecution evidence relies on uncorroborated circumstantial evidence and unverified SMS.
Whether the chain of circumstantial evidence is complete to warrant a conviction.
1 provisions across 1 enactments
The State Of Chhattisgarh Through District Magistrate, Balrampur
Mahesh Kumar Kushwaha
Prashant Kumar Mishra
Gautam Chourdiya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
