This content is restricted to site members. If you are an existing user, please log in. New users may register below.
By sclaw
Related Post
Penal Code, 1860 (IPC) —Section 302 read with Sections 149 and 148 — Murder —Conviction affirmed by High Court — Appeal to Supreme Court — Sufficiency of evidence — Role of interested/related witnesses — Deposition of PW-4 (mother of deceased and alleged eyewitness) scrutinized closely — Material contradictions found in PW-4’s evidence regarding the manner of assault and who informed her — Failure of prosecution to examine key witness (deceased’s granddaughter, who initially informed PW-4) — Independent witnesses (PW-1, PW-2, PW-3 and PW-9) turned hostile — Recovery of weapons based on accused’s memorandum/statement rendered unreliable when supporting witnesses hostile. (Paras 4, 7, 8, 9, 10, 13, 14, 15)
Dec 19, 2025
sclaw
Criminal Law — Conviction — Circumstantial Evidence — Last Seen Together Theory — Must establish acquaintance between accused and deceased for theory to apply as a circumstance linking chain; mere fact of accused and deceased being in the same vicinity shortly before the crime, without proven acquaintance, is insufficient to propound the ‘last seen together theory’ as a conclusive link, though presence in same vicinity remains a relevant initial fact. (Para 6)
Dec 18, 2025
sclaw
Criminal Law — Conviction based on Circumstantial Evidence — Appreciation of Evidence — Principles Governing Circumstantial Evidence — A conviction based entirely on circumstantial evidence must satisfy five conditions: (1) Circumstances must be fully established; (2) Facts established must be consistent only with the hypothesis of guilt; (3) Circumstances must be conclusive in nature and tendency; (4) They must exclude every possible hypothesis except guilt; (5) Chain of evidence must be complete, leaving no reasonable ground for any conclusion consistent with the accused’s innocence. (Para 22)
Dec 17, 2025
sclaw
