Category: 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.

2024 INSC 788 SUPREME COURT OF INDIA FULL BENCH VISHWAJEET KERBA MASALKAR — Appellant Vs. STATE OF MAHARASHTRA — Respondent ( Before : B.R. Gavai, Prashant Kumar Mishra and K.V.…

Circumstantial evidence, it’s essential to establish a complete chain of circumstances to prove the accused’s guilt and rule out alternative explanations – Sustaining a conviction based on incomplete evidence is deemed unsafe – Additionally, the legal presumption favors the accused, and in cases of doubt, the benefit goes to the accused, not the prosecution

SUPREME COURT OF INDIA DIVISION BENCH R. SREENIVASA — Appellant Vs. STATE OF KARNATAKA — Respondent ( Before : Vikram Nath and Ahsanuddin Amanullah, JJ. ) Criminal Appeal No. 859…

Murder – Acquittal – circumstances found proved do not constitute a chain so far complete as to indicate that in all human probability it were the accused persons and no one else who committed the crime – In such a situation, there was no option for the trial court but to extend the benefit of doubt to the accused – Order of acquittal upheld – Appeal dismissed.

SUPREME COURT OF INDIA DIVISION BENCH CENTRAL BUREAU OF INVESTIGATION — Appellant Vs. SHYAM BIHARI AND OTHERS — Respondent ( Before : B. V. Nagarathna and Manoj Misra, JJ. )…

Circumstantial evidence – they must exclude all hypotheses consistent with the innocence of the accused and inconsistent with his guilt – Incriminating circumstances were not proved beyond reasonable doubt and otherwise also the circumstance of last seen was inconclusive – Appeal dismissed.

SUPREME COURT OF INDIA DIVISION BENCH STATE OF PUNJAB — Appellant Vs. KEWAL KRISHAN — Respondent ( Before : B.V. Nagarathna and Manoj Misra, JJ. ) Criminal Appeal No. 2128…

Circumstantial evidence–Whether a chain is complete or not would depend on the facts of each case emanating from the evidence and no universal yardstick should ever be attempted. Circumstantial evidence–In such case, motive plays an important role, but absence of motive would not dislodge entire prosecution case.

  2008(1) Law Herald (SC) 29 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Appeal (crl.) 1044 of…

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