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Supreme Court Of India

(From : Rajasthan)*

Hon'ble Judge(s): A. K. Ganguly, Deepak Verma , JJ

(A) Penal Code (45 of 1860) , S.300— Evidence Act (1 of 1872) , S.8— Murder - Circumstantial evidence - Motive - Evidence of landlord of deceased and his wife that accused had informed landlord day before, that they are going to eliminate deceased - Does not establish motive of accused to murder deceased - Mere fact that accused and deceased were dealing in illicit liquor also does not spell out enmity - Evidence of recovery of weapons of offence at instance of accused - Unreliable as recovery memo was signed by pancha witnesses at police station - Overwriting on recovery memo also not explained - Circumstantial evidence held not sufficient to convict accused. 2008 Cri LJ (NOC) 429 (Raj), Reversed. Evidence Act (1 of 1872) , S.8— (Para 16 20 24 28 32 33) (B) Evidence Act (1 of 1872) , S.3— Circumstantial evidence - Conviction on basis of - Only when all incriminating facts and circumstances are found incompatible with innocence of accused or guilt of any other person - Cardinal principles regarding appreciation of circumstantial evidence - Reiterated. (Para 25 26) ....