Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code – ss. 302 34 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code – ss.302, 34 – Murder – Circumstantial evidence – As per FIR, the appellants-accused (wife of the deceased and co accused) had illicit relations – It was further stated that on account of disputes, the accused started residing in her paternal house – That the deceased went to his in-law’s house to bring her and the children back, however, on the next day his body was found hanging from tree – Appellants convicted u/s.302 r/w s.34 – On appeal, held: Case of the prosecution is based on circumstantial evidence – There is no direct evidence that the appellants killed or committed the murder of the deceased – In a case of circumstantial evidence, the circumstances, taken cumulatively, should form a chain so complete that there is no escape from the conclusion that within all human probability the crime was committed by the accused and none else – Circumstantial evidence in order to sustain conviction must be complete and incapable of explanation of any other hypothesis than that of the guilt of the accused – Such evidence should not only be consistent with the guilt of the accused but should be inconsistent with his innocence – There is no evidence that the accused were last seen together with the deceased – Prosecution failed to prove the guilt and complete chain of events leading to the only conclusion that the appellants alone committed murder and/or killed the deceased – Order of conviction passed by Trial Court and High Court set aside – Accused acquitted – Evidence. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 983 |
Petitioner | Raju @ Rajendra Prasad |
Respondent | State Of Rajasthan |
SCR | [2022] 7 S.C.R. 241 |
Judgement Date | 2022-09-19 |
Case Number | 1559 |
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