December 23, 2024 10:15 am

Circumstantial Evidence Murder

Last seen together–The circumstance of “last seen” together may not by itself necessarily lead to the inference that it was the accused who committed the crime.

Bysclaw

Oct 14, 2017

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Acquittal Circumstantial Evidence

Penal Code, 1860 — Sections 302, 307 and 201 — Murder of mother, wife, and daughter, and the attempt to murder of neighbor — Circumstantial Evidence — The main issue was whether the appellant was guilty of the murders and attempted murder, and whether the death penalty was warranted — The appellant argued that the evidence, particularly the testimony of the injured neighbor, was unreliable and that the recoveries of the hammer and clothes were not credible — The State argued that the evidence, including the neighbor’s testimony and the recoveries, proved the appellant’s guilt beyond reasonable doubt — The Supreme Court found the testimony of the neighbor unreliable due to contradictions and delayed recording — The recoveries were also deemed not credible — The Court emphasized that suspicion, however strong, cannot replace proof beyond reasonable doubt — The evidence did not conclusively prove the appellant’s guilt — The Court referred to established principles for conviction based on circumstantial evidence, highlighting the need for a complete chain of evidence excluding any hypothesis of innocence — The Supreme Court set aside the conviction and death sentence, directing the appellant to be released if not required in any other case.

Oct 21, 2024 sclaw

Penal Code, 1860 (IPC) – Section 302 – Murder of wife – The appeal raises questions about the admissibility of evidence, particularly the statement of a witness recorded under Section 299 CrPC and a confessional note allegedly written by the appellant – The appellant’s counsel argued that the trial court erred in admitting the statement of the complainant and questioned the authenticity of the confessional note and the handwriting expert’s report – The State contended that the chain of incriminating circumstances was complete and pointed exclusively towards the appellant’s guilt, emphasizing the reliability of the confessional note and the absence of the appellant post-crime – The Court found that the prosecution had established a complete chain of incriminating evidence, including motive, last seen together, medical evidence, confessional note, and the appellant’s abscondence – The Court relied on provisions of Section 299 CrPC and Section 33 of the Indian Evidence Act, affirming the admissibility of the witness’s statement recorded in the appellant’s absence – The Supreme Court upheld the judgments of the trial court and the High Court, concluding that the appellant was guilty of the murder of his wife and should surrender to serve the remainder of his sentence – If he fails to surrender, the trial court is directed to take steps to apprehend him.

May 12, 2024 sclaw

“Absence of Motive Not a Defense: Court Rejects Appeal Against Murder Conviction Based on Strong Eyewitness Testimony”

Apr 7, 2024 sclaw

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