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 Disposed Off |
Headnote | Penal Code, 1860-Sections 302 and 364 read with Section 34- Abduction-Murder-Offence of-Deceased abducted by the accused proclaiming that he would be finished off-Deceased found dead within a couple of hours of his abduction-Bush shirt worn by deceased at the time of abduction recovered at the instance of one of the accused-Aforesaid circumstances successfully established by the Prosecution-Held, if it is proved to the satisfaction of the Court that the deceased was abducted by the accused and, he was found murdered within a short time thereafter, the permitted reasoning process would enable the Court to draw the presumption that the accused have murdered him-If any deviation from the aforesaid course would have been factually correct only the abductors would know about it, because such deviation would have been especially within their knowledge-The abductors not having given any explanation as to what happened to the deceased after he was abducted, the inference would stand undisturbed-Indian Evidence Act, 1872-Sections 106, 114-Presumption of fact-Rule of. Evidence Act, 1872 : Reliance on evidence of a junior doctor who wrongly estimated the age of the deceased and noted that the penis of the dead body had undergone religious circumcision-Tenability of-Held, this circumstance has no bearing as the Senior Doctor specialist in Forensic Medicine did not find any evidence of such circumcision on the dead body-Estimation of age by a novice doctor without conducting any medical tests not enough to offset the age spoken to by kith and kin of deceased. Circumstantial evidence : Injuries-Whether sufficient in the ordinary course of nature to cause death-Not elicited from the doctor-Held, mere omission to put that question not enough for the Court to reach a conclusion that the accused were not responsible for causing the death of the deceased-Nature of injuries itself indicating that they were sufficient in the ordinary course of nature to cause death. Circumstance regarding the bush shirt of the deceased having been found with human blood not put to the accused when questioned by Sessions Judge u/s. 313 of the Cr.P.C.-Consequence of-Held, such circumstance cannot be used against the accused-Code of Criminal Procedure, 1973-Section 313. Practice and Procedure : Castigation of investigation by the Trial Courts while acquitting accused-Practice of-Need for restraint-Emphasised. |
Judge | Hon'ble Mr. Justice K.T. Thomas |
Neutral Citation | 2000 INSC 422 |
Petitioner | State Of West Bengal |
Respondent | Mir Mohammad Omar And Ors. Etc. Etc. |
SCR | [2000] Supp. (2) S.C.R. 712 |
Judgement Date | 2000-08-29 |
Case Number | 785 |
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