Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1960-Sections 302 and 394-Conviction under Penal Code em basis of circumstantial evidence |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1960 - Sections 302 and 394 - Conviction under, on basis of circumstantial evidence - Correctness of - Held: Prosecution case failed to establish the complete chain of circumstances to hold accused guilty - Hence, conviction set aside - Evidence - Circumstantial evidence.According to prosecution case, D did not return home from her field. Her son-PW 1 and others searched for her but she was not found. Then on the fifth day, FIR was lodged of accidental death. Subsequently, appellant accused was arrested and on basis of his disclosure statement, sickle-weapon of assault and some ornaments belonging to D were recovered. The shirt of the accused and also the cloth in which the ornaments were tied had blood stains of blood group of D. It is alleged that three days prior to the incident, accused had threatened D for not paying his dues and left his job with D. On the date of incident, the accused and D were last seen together in D's field. Trial court relying on the circumstances highlighted by the prosecution, convicted the appellant for offence punishable under sections 302 and 394 IPC. High Court upheld the order. Hence the present appeal. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 878 |
Petitioner | Harishchandra Ladaku Thange |
Respondent | State Of Maharashtra |
SCR | [2007] 9 S.C.R. 562 |
Judgement Date | 2007-08-30 |
Case Number | 624 |
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