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Circumstantial Evidence is Required to Proved beyond doubt

Raj Kumar Makkad ,
  01 April 2010       Share Bookmark

Court :
Supreme Court of India
Brief :
Criminal - Murder - Conviction based on Circumstantial evidence - Section 302 of Indian Penal Code, 1860 (IPC) - Accused charged for the murder of his in-laws and convicted thereof - Both Trial Court and High Court relying on the circumstantial evidence convicted him for the offence under Section 302, IPC - Hence present Appeal - Whether the Courts below erred in relying upon the unproved circumstances and also even on the witnesses examined including accused's wife which was not sufficient to reach the only conclusion regarding the guilt of the accused?
Citation :
Jiten Besra v. State of West Bengal (Decided on 10.03.2010) MANU/SC/0154/2010
Held, FIR didn't suggested that there was such a fierce enmity between the accused and the deceased persons or even Malati (accused's wife) - Accused might be having strained relationship with the wife and her parents but it is clear that he was on visiting terms with them and thus the strained relationship was not of such fierce nature that the accused would go to the extent of committing murder of both the parents-in-law - Factor of enmity relied upon by the Courts below non justified - Blood-stained clothes of the accused, of no consequence as the clothes of the accused were never sent to the Forensic Science Laboratory - Even the presence of the accused in the house not proved- Presence of the accused in the village by itself cannot amount to an incriminating circumstance - Thus, in the present case all the alleged incriminating circumstances could not be said to have been established - It is found that the circumstances could not point out towards the guilt of the accused, without any other inference being probable, the accused must get the benefit of doubt - Appeal allowed

 
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Published in Criminal Law
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