2020 CRI. L. J. 3488 ::AIROnline 2020 J and K 158

Jammu And Kashmir High Court

Hon'ble Judge(s): Rajesh Bindal, Rajnesh Oswal , JJ

Ranbir Penal Code (12 of 1989 Smvt.) , S.302, S.364, S.109— Arms Act (54 of 1959) , S.7, S.25, S.3— Jammu and Kashmir Evidence Act (13 of 1977 Smvt.) , S.3— Murder - Circumstantial evidence - Last seen evidence - Allegations of murder against accused - Testimony of family members of deceased that deceased went with accused and thereafter his dead body was found - Mere fact that deceased was last seen with accused cannot lead to conclusion that it was accused who killed deceased in absence of any other evidence - Moreso, when there was no motive for killing deceased - Acquittal, proper. (Para 9 10)