Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | victim and accused working in the same department Penal Code 1860 — Murder — On facts |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860 — Murder — On facts, victim and accused working in the same department - On the fateful day accused went to the residence of victim and persuaded him to accompany him to office — Victim's son and wife witness to the same — An hour later accused again came to the victim and persuaded him to accompany him to office — Victim left for office with the bag brought from office and did not return — Thereafter, on interrogation, accused confessed that he murdered the victim — On basis of circumstantial evidence, conviction of accused for committing murder of the victim and award of life sentence — Order of trial court upheld by the High Court — On appeal, held: Courts below considered the statement of the wife of the victim, cross examination of the accused and rightly found that it was accused who was last seen together with the victim — There was no time gap between accused being last seen together and discovery of dead body — Thus, the evidence of last seen together became relevant — There were other evidence on record, recovery of shirt button, bag containing treasury books and keys, and other articles which complete the chain of events — Failure of prosecution to establish motive would not effect the prosecution case — Instant case is not of solitary evidence of last seen together but sufficient evidence were led to complete the chain of events and link accused to the crime —Thus, the order passed by the courts below upheld. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2016 INSC 453 |
Petitioner | Praful Sudhakar Parab |
Respondent | State Of Maharashtra |
SCR | [2016] 4 S.C.R. 95 |
Judgement Date | 2016-06-29 |
Case Number | 261 |
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