Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Double murder Circumstantial evidence |
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:s.302 -Double murder -- Accused charged with murderof his elder brother and mother - Circumstantial evidence -Conviction by courts below - Held: The guilt of accused hasbeen proved beyond reasonable doubt - The recoveriesmade from the place of incident, the injuries on the personof accused, the evidence of witnesses that accused was seenloitering around after the incident, all point towards the guiltof the accused - Besides, accused held a strong grudgeagainst his mother and elder brother as his mother had giventhe name of his elder brother for employment on compassionate ground on the death of his father - The motiveof vengeance is established and in cases in which onlycircumstantial evidence is available, motive assumes a greatimportance - Further, accused has simply pleaded innocence- No other explanation has been offered by him in spite of theincriminating circumstances that pointed to his guilt - This is a suspicious facet of this case - All these circumstances, whichform a reliable chain of events, proved the hypothesis thataccused is guilty of the gruesome murder of his elder brotherand mother - Conviction and sentence of accused-appellantsustained - Evidence - Circumstantial evidence - Criminal law- Motive. |
Judge | Hon'ble Mr. Justice V. Gopala Gowda |
Neutral Citation | 2013 INSC 766 |
Petitioner | Subhasish Mondal @ Bijoy |
Respondent | State Of West Bengal |
SCR | [2013] 12 S.C.R. 435 |
Judgement Date | 2013-11-21 |
Case Number | 1391 |
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