AIROnline 2025 SC 372

Supreme Court Of India

(From : AIROnline 2024 ORI 1032)

Hon'ble Judge(s): Sanjay Karol, Prashant Kumar Mishra , JJ

(A) Penal Code (45 of 1860) , S.302, S.201— Evidence Act (1 of 1872) , S.3— Murder and causing disappearance of evidence - Circumstantial evidence - Last seen together - Allegation that accused had killed deceased and thrown his dead body in river - Witnesses deposed that they went to bathe with deceased and accused later joined, asking deceased to help collect cashew nuts - Except for evidence of 'last seen together' there was no other incriminating material against accused - Weapon of offence i.e. stone had neither been recovered at instance accused nor there was any memorandum statement of accused - Chemical examination report was also inconclusive since human blood was found on shirt and on stone but blood group was not matched - Nature of circumstantial evidence available against accused though raised doubt that he may have committed murder, same was not so conclusive that he could be convicted only on basis of evidence of last seen together - Conviction and sentence was set aside AIROnline 2024 ORI 1032-Reversed (Para 18 19 23) (B) Evidence Act (1 of 1872) , S.8— Penal Code (45 of 1860) , S.302— Motive - Offence of murder - Father of deceased had not stated anything about motive in his ....