Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860 – ss.302 34 and 201 Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 – ss.302, 34 and 201 – Homicidal death – Circumstantial evidence – Dead body of married woman found in burnt condition in the Chhan (hut) of her husband – Father of the deceased gave written complaint implicating the husband, mother in-law and sister-in-law of the deceased – Accused-appellants i.e. husband and mother-in-law of the deceased were convicted by the Sessions Court u/s 302 r/w ss.34 and 201 IPC – High Court upheld the conviction – Propriety – Held: Conviction can be based solely on circumstantial evidence but it should be tested on the touchstone of law relating to the circumstantial evidence that all circumstances must lead to the conclusion that the accused is the only one who has committed the crime and none else – In the present case, the prosecution miserably failed to prove the entire chain of circumstances which would unerringly conclude that alleged act was committed by the accused only and none else – The burden could not be shifted on the accused by pressing into service the provisions contained in s.106 of the Evidence Act – Trial court and the High Court committed gross error of law in convicting the accused for the alleged crime, merely on basis of suspicion, conjectures and surmises – Accused-appellants accordingly acquitted – Evidence Act, 1872 – s.106. Evidence – Circumstantial evidence – Appreciation of – Held: Circumstances howsoever strong cannot take place of proof – Guilt of the accused has to be proved by the prosecution beyond reasonable doubt. |
Judge | Hon'ble Ms. Justice Bela M. Trivedi |
Neutral Citation | 2022 INSC 185 |
Petitioner | Satye Singh & Another |
Respondent | State Of Uttarakhand |
SCR | [2022] 1 S.C.R. 1137 |
Judgement Date | 2022-02-15 |
Case Number | 2374 |
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