Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Indian Penal Code circumstantial evidence 1860 Section 302/34 IPC Murder |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 — ss.302/34 and s. 201 - Murder — Conviction on the basis of last seen theory — Sustainability of — On facts, ‘commission of murder of R — Prosecution case based upon circumstantial evidence and the last seen theory — Conviction and sentence of accused no. 2 u/s.302/34 and s. 201, by courts below — On appeal, held: Deceased was last seen alive in the company of accused on the fateful day and after seven days the bones and clothes allegedly belonging to deceased were noticed and thereafter, seized from the field — Seizure/recovery was not pursuant to any information furnished by the accused — Courts below convicted accused No.2 on the basis of last seen evidence, the correctness of which is doubtful — Further, there was failure of the prosecution to prove the death of R either homicidal or otherwise — There was improvement in the testimony of deceased's wife — No explanation by the prosecution for the inordinate delay in lodging the complaint and registering the case — Independent witnesses examined by the prosecution did not support the case — Thus, conviction and sentence of the accused no, 2 not sustainable and set aside — Evidence. Evidence — Last seen theory — Conviction on the basis of - When — Held: Last seen theory comes into play where the time gap, between the point of tine when the accused and the deceased were seen last alive and when deceased is found dead, is so small that possibility of any person other than the accused being the perpetrator of the crime becomes impossible — To record conviction, last seen together itself would not be sufficient and the prosecution has to complete the chain of circumstances to bring home the guilt of the accused. |
Judge | Hon'ble Mr. Justice Chockalingam Nagappan |
Neutral Citation | 2016 INSC 415 |
Petitioner | Rambraksh @ Jalim |
Respondent | State Of Chhattisgarh |
SCR | [2016] 2 S.C.R. 599 |
Judgement Date | 2016-05-12 |
Case Number | 462 |
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