Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
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, 1860:s. 302/34 - Murder - Circumstantial evidence - Extra- judicial confession - Conviction of three accused by trial court - Affirmed by High Court - HELD: The first circumstance of deceased seen being chased by accused not established - The witness who claims that the main accused made confession to him, tried to save· one of the accused and implicate another person in his place and thus, his evidence cannot be relied upon - The recovery of blood stained jacket of the main accused is of no consequence ·as his blood sample was not taken to ascertain his blood group - Theft of money and clothes of main accused cannot be said to make out sufficient motive for him to kill the deceased - Besides, there was nothing on record as against the remaining two accused - On the materials on record, there may be some suspicion against the accused, but, the suspicion, howsoever strong, cannot take place of proof. Conviction of accused persons is· based on completely insufficient evidence and, as such, is set aside - Evidence - Circumstantial evidence - Extra-judicial confession - Recovery of blood stained articles - Proving of - Criminal Law - Motive. |
Judge | Hon'ble Mr. Justice Aftab Alam |
Neutral Citation | 2011 INSC 430 |
Petitioner | Sunil Rai @ Paua & Ors. |
Respondent | Union Territory, Chandigarh |
SCR | [2011] 7 S.C.R. 41 |
Judgement Date | 2011-07-04 |
Case Number | 1254-1255 |
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