murder case circumstantial evidence
Querist :
Anonymous
(Querist) 11 February 2011
This query is : Resolved
Hi
My name is Adv Satyaram R. Gaud. I am conducting one murder trial wherein prosecution is completely relying upon circumstantial evidence mainly in connection with 2 ground 1.deceased cell phone found in possession of accused and 2. s.27 of evidence act i.e. disclosure of dead body at the instance of accused person.
So ple help me with the probable defence in this regard and relevant legal point along with applicable case laws of Bombay High court and apex court...if at all.
Comments will be appreciated...
Thax
Regard
Satya Gaud
Advocate. Arunagiri
(Expert) 12 February 2011
This evidences are relevant, this can not be a ground for conviction. The accused may get the benefit of doubt.
adv. rajeev ( rajoo )
(Expert) 12 February 2011
What is the cross examination to an IO is important, but as Arunagiri Sir, said it is not the ground for the conviction.
Kirti Kar Tripathi
(Expert) 12 February 2011
These evidences are vital and relevant, it will depend how you meet these evidences, in case, you have sufficient explanations, you can be given benefit of doubt.
WHATSAPP 91-8075113965
(Expert) 13 February 2011
the available evidences in this case , are more than enough for a conviction, unless the prosecution conducts the case in a careless manner .
work hard on your file.
1. try to get over circumstantial evidence.
2. try to prove that recovery under section 27 evidence Act is nor reliable
for circumstantial evidence , please read this useful citations ;
AIR 1952 SC 343
AIR 1956 SC 54
2001 (3) JT SC 475
