Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Murder Circumstantial evidence |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 - s.302 - Murder - Incident occurredon a ship while it was on the high seas - Allegation thatappellant-helmsman killed another helmsman with a knife -Conviction of appellant based on circumstantial evidence -Justification - Held: On facts, not justified - There were manyinconsistencies and infirmities in the prosecution version - Thevery fact that two blood-stained .knives were found by theprosecution proves that the prosecution failed to give sufficient Dexplanation as to who had assaulted the deceased by usinganother knife - Two other helmsmen present when appellantallegedly made confession before PW-6, not examined by theprosecution - Though deceased was alleged to have beenassaulted as many as 14 times by a sharp-edged weapon and there was massive blood at the site of the offence, noblood had spilled on the appellant or his clothes - Moreover,nothing on record by way of explanation from the prosecutionside as to why the clothes of the appellant were not seized -Vital piece of evidence regarding enmity of the appellant with his superiors and others was suppressed - Even theInvestigating Officer failed to inspect the cabin where the deadbody was found - No site plan was prepared by theInvestigating Officer - Before arrival of the InvestigatingAgency officials, the place of occurrence including the cabin was completely washed and cleaned in such a way as ifnothing had happened in the cabin and the place around it -Conclusion of the guilt of the appellant not fully establishedbeyond all shadow of doubt as the circumstances not conclusive in nature - Neither the chain of events was complete nor the circumstances lead to the conclusion that the offence was committed by the appellant and none else.Evidence - Circumstantial evidence - Appreciation of -8 Conviction based on circumstantial evidence - Permissibility- Held: Conviction can be based solely on circumstantialevidence - But while dealing with conviction based oncircumstantial evidence, the circumstances from which theconclusion of the guilt is to be drawn should in the first instance be fully established, and all the facts so establishedshould also be consistent with only one hypothesis i.e. theguilt of the accused - Onus lies on the prosecution to provethat the chain of event is complete and not to leave any doubtin the mind of the Court - All circumstances must lead to theconclusion that the accused is the only one who hasD committed the crime and none else. |
Judge | Hon'ble Mr. Justice M.Y. Eqbal |
Neutral Citation | 2013 INSC 401 |
Petitioner | Majendran Langeswaran |
Respondent | State (nct Of Delhi) & Anr. |
SCR | [2013] 10 S.C.R. 907 |
Judgement Date | 2013-07-01 |
Case Number | 1300 |
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