Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | ·1860: ss.364 302 201 r/w s.34- Conviction C based on circumstantial evidence Penal Code |
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: ss.364, 302, 201 r/w s.34- Conviction C based on circumstantial evidence - Last seen theory - PW- D E F G H 1, mother of victim-deceased lodged FIR alleging that seven days back, accused persons picked up her son, beat him up and took him away and her son did not return home after that day - Accused no. 3 was arrested who took the police to the borewell where the dead body of deceased was hidden - Courts below convicted accused no. 1 to 3 but acquitted • accused no.4 and 5 - On appeal, held: As per PW-1, deceased was last seen in temple in the company of accused Nos. 1 to 4 - As per PW-2, maternal aunt of the deceased, deceased was last seen in the Police Station along with accused no. 1, who had brought the deceased there. - Prosecution failed to explain the statement given by PW-2 · during her cross-examination wherein she stated that when she asked the Police about the deceased, they replied that ; the deceased was not handed over to them - Therefore, presence of PW-2 at the scene of occurrence was doubtful - . She being the highly interested witness and in view of contradictions, her statement cannot be relied upon - Further, if dead body was recovered at the instance of accused No.3, on that basis itself accused nos. 1 and 2 cannot be convicted - If accused no.4 was also last seen with deceased along with accused nos. 1 to 3, trial court having given benefit of doubt to accused no.4, there is no reason why same benefit be not given to accused Nos. 1 to 3 - Conviction cannot be based only on circumstance of last seen together with the deceased - There was unexplained delay of six days in lodging the FIR - The body of the deceased was taken from the borewell by the fire service personnel after more that) seven days - There was no other positive material to show that the deceased was last seen together with the accused and during intervening period of seven days there was nobody in contact with the deceased - High Court erred in affirming the order of conviction passed by the trial courtEvidence: Testimony qfaccomplice - Held: Cannot be used against another accused - Penal Code, 1860: ss.364, 302, 201 rlw s.34. |
Judge | Hon'ble Mr. Justice S.J. Mukhopadhaya |
Neutral Citation | 2014 INSC 440 |
Petitioner | Krishnan @ Ramasamy & Ors. |
Respondent | State Of Tamil Nadu |
SCR | [2014] 9 S.C.R. 340 |
Judgement Date | 2014-07-01 |
Case Number | 512 |
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