AIROnline 2025 SC 95

Supreme Court Of India

(From : Gauhati)*

Hon'ble Judge(s): Abhay S. Oka, Ujjal Bhuyan , JJ

(A) Penal Code (45 of 1860) , S.302— Evidence Act (1 of 1872) , S.3, S.25— Murder - Circumstantial evidence - Prosecution had relied on three circumstances to prove guilt of accused i.e. victim was last seen together with accused, extra judicial confession made by accused and recovery of dead body following confessional statements to witnesses - High Court discarded circumstance of extra-judicial confessions on ground that confessions were hit by S. 25 of Evidence Act, having been made in presence of police - High court disbelieved one of the three circumstances put forth by prosecution as part of chain of circumstantial evidence to prove guilt of accused - When one of the three circumstances was disbelieved and discarded by High Court, chain of circumstantial evidence could not have been held to be complete and proved - Conviction was set aside. Criminal Appeal No. 88/2007 dated 11.08.2010 (Gau)-ReversedAIR 2025 SC 961-Relied on (Para 23 25) (B) Penal Code (45 of 1860) , S.302— Evidence Act (1 of 1872) , S.3— Murder - Last seen together - Proof - Accused allegedly took victim with him and committed her murder - Friend of victim stated that accused had forcefully taken victim in vehicle when both of them were wal....