Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Circumstantial evidence Confessional statement |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860 - ss.302 and 201 - Death of PW-6'sson - Dead body recovered from river - Circumstantial evidence - Confessional statement made by accused-appellant to Investigating officer PW-9 - Conviction ofappellant by Courts below - Justification - Held: Justified -From the evidence of PW-9, supported by version of PW-4(uncle of deceased), it is clear that at the instance of the appellant and a co-accused, the body of deceased wasrecovered from a river stream - There were signs of markson the neck of the deceased - The identity of the place wherethe dead body was lying, which was exclusively within theknowledge of.the appellant, was certainly admissible by virtue of the application of s.8, rlw s.27 of the Evidence Act - Inabsence of any convincing explanation on behalf of theappellant as to under what circumstances he was able to leadthe Police party to the place where the dead body was found,such recovery would act deadly against the appellant.considered alongwith the rest of the circumstancesdemonstrated by the prosecution - Chain of circumstancescomplete in every respect in order to lead to the onlyconclusion that the appellant was squarely responsible forkilling of the deceased- Evidence Act, 1872- s.8 rlw s.27- Applicability of. |
Judge | Hon'ble Mr. Justice Fakkir Mohamed Ibrahim Kalifulla |
Neutral Citation | 2013 INSC 491 |
Petitioner | Anuj Kumar Gupta @ Sethi Gupta |
Respondent | State Of Bihar |
SCR | [2013] 8 S.C.R. 435 |
Judgement Date | 2013-07-24 |
Case Number | 1575 |
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