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AIR 2008 SUPREME COURT 69
::2007 AIR SCW 6100
Supreme Court Of India
(From : Karnataka)*
Hon'ble Judge(s):
R. V. Raveendran,
B. Sudershan Reddy
, JJ
Penal Code (45 of 1860) , S.300— Murder - Circumstantial evidence - "Last seen together" - No proximity of time and place between 'last seen' evidence and recovery of dead body - Veracity of other evidence extremely doubtful - Singular circumstance of "last seen" - Not sufficient to base conviction - Non-explanation by accused as to what happened to deceased - Cannot lead to proof of guilt against accused. Crl. Appeal No. 1337 of 2005, D/- 19-10-2005 (Kant), Reversed. The prosecution case was that the deceased was employee of accused. Accused doubted that deceased has illicit relations with his wife. The deceased left his job. The accused with others came to house of deceased and asked for his services for digging bore-well. The deceased who was sitting with his family members refused but was forcibly taken. The deceased did not return home thereafter. No report was made to the police by family members of deceased. Around 10 days thereafter dead body in a highly decomposed state was found in river. It was alleged that mother of @page-SCW6101 deceased identified it. F. I. R. was lodged thereafter. The evidence of mother and wife of deceased was full of contradictions. No evidence was led as to allegation of illicit relation between deceased and wife of accused. Held, there being no proximity as to ti....
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