Penal Code, 1860 – ss. 302, 201 – Murder – Circumstantial evidence – Main accused convicted and sentenced u/ss. 302,
201 for murder of one lady during night, at the house of other accused – Other accused convicted and sentenced u/s. 201 – Prosecution case that motive for murder was illicit relation between the two accused – Order of conviction and sentence upheld by the High Court – Sustainability:
Held: When the evidence, as presented by the prosecution is tested upon the anvil of the principles and parameters laid down, the prosecution miserably failed to indicate the involvement of the appellant in the commission of the offence, for which he was charged – Chain of circumstances as regards statement of witnesses, presence of victim and the accused, recovery of bag and articles; discovery of blood stains, blood stained clothes and coconut scrapper used for murder, which were being sought to be projected by the prosecution to be complete has glaring holes and significant gaps, which leads to the conclusion that the prosecution failed in its endeavour of bringing home the guilt against the appellant – Thus, the case having not been proved beyond reasonable doubt against the appellant, the impugned judgments cannot sustained and are set aside. [Paras 20-28]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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