Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | s.411 Penal Code 1860: s.302 rlw s.34 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860: s.302 r/w s.34, s.411 - Conviction based on circumstantial evidence - Last seen theory - On the fateful afternoon, the deceased was found dead and her ornaments were missing -Appellant and other accused were present in the house of the deceased in the morning - Prosecution witnesses deposed that on the same day, appellant and other accused were seen moving around in the neighbourhood looking perplexed - Appellant was apprehended after few days and ornaments belonging to deceased were recovered from him - Conviction of appellant u/s.302 and 392 - Held: The circumstance that the accused persons were seen in the vicinity of the neighbourhood of the crime little before the same was committed, by itself, would not lead to any confusion consistent with the guilt of the accused - The said circumstance, if coupled with the recovery of the ornaments of the deceased from the possession of the accused, at best, create a highly suspicious situation; but beyond a strong suspicion nothing else in the absence of any o~her circumstances to suggest the involvement of the accused in the offences alleged - Even with the aid of the presumption u/s.114 of the Evidence Act, the charge of murder cannot be brought home unless there is some evidence to show that the robbery and the murder occurred at the same time i.e. in the course of the same transaction - Courts below erred in holding the accused guilty for the said offence - However, on the basis of the presumption permissible under Illustration (a) of s.114 of the Evidence Act, conviction of appellallf uls.392 is well founded - Conviction u/s. 392 is upheld while conviction u/s.302 is set aside - Evidence Act, 1872 - s.114, Illustration (a). |
Judge | Honble Mr. Justice Ranjan Gogoi |
Neutral Citation | 2017 INSC 56 |
Petitioner | Raj Kumar @ Raju |
Respondent | State (nct Of Delhi) |
SCR | [2017] 1 S.C.R. 462 |
Judgement Date | 2017-01-20 |
Case Number | 1460 |
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