Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Conviction on circumstantial evidence |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Evidence Act, 1872 (1 of 1872) Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Indian Penal Code-Section 302-Conviction on circumstantial evidence-When valid-Circumstance of accused being with the deceased on the evening of occurrence-Whether sufficient to convict accused. Indian Evidence Act, 1872-Sections 3 and 14-Circumstantial evidence-Conviction based on-When valid-Circumstance of accused being with deceased on the evening of occurrence-Whether sufficient when other accused from whom instrument of offence recovered is acquitted. The prosecution alleged that the deceased had some land dispute with one of the accused and his two brothers, that the deceased was done away through the instrumentality of the appellant and that his body with the throat cut was found by the road-side. The brother-in-law of the deceased identified the dead body and lodged information with the police. After investigation, the appellant and the other accused were arrested. The weapon of offence was produced by the other accused. Both the accused were remanded to judicial custody for the alleged murder of the deceased. The appellant escaped and was declared as absconder. The other accused was discharged for want of prima facie case against him. After a long lapse of time, the appellant was apprehended and was committed to sessions. On the basis of circumstantial evidence that the appellant was seen with the deceased on the evening preceding the day on which the deceased was found dead, that a dhoti and shirt, stained with human blood, were recovered from his possession when he was arrested and that an extra-judicial confession was made by him when he was arrested after absconding, he was convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life. The High Court having confirmed the conviction and sentence, the appellant appealed to this Court. |
Judge | Hon'ble Mr. Justice G.L. Oza |
Neutral Citation | 1987 INSC 104 |
Petitioner | Kansa Behera |
Respondent | State Of Orissa |
SCR | [1987] 2 S.C.R. 1096 |
Judgement Date | 1987-04-12 |
Case Number | 323 |
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