Search Results Page
Search Results
1 - 10 of 13 (0.59 seconds)Section 302 in The Indian Penal Code, 1860 [Entire Act]
Section 27 in The Indian Evidence Act, 1872 [Entire Act]
The Indian Penal Code, 1860
Section 201 in The Indian Penal Code, 1860 [Entire Act]
Ram Udgar Singh vs State Of Bihar on 3 November, 2003
16.6. Further, in Ram Udgar Singh vs. State of Bihar, 2004 (10), SCC,
443, the Hon‟ble Supreme Court in para 10 observed that „So far as the plea
relating to the time of death on the basis of medical evidence is concerned,
Signature Not Verified
Digitally Signed
By:GEETA JOSHI Page 20 of 26
Signing Date:03.02.2023
12:24:01
Neutral Citation Number 2023/DHC/000754
emphasis is laid on the fact that rigor mortis could not have set in, in the
dead body within two hours. The High Court has referred to several treatises
on medical jurisprudence to conclude that the time which is usually three to
four hours may vary according to climatic conditions. We find no infirmity in
the conclusion.‟
16.7. Thus, the deceased Sunil is likely to have died somewhere between 9
pm to 12 am on 10.04.2015. In view of these facts, it was for the
prosecution to prove that the appellants/accused persons were seen with the
deceased, prior to his death around that time.
Madhu @ Madhuranatha & Anr vs State Of Karnataka on 28 November, 2013
15.0. However, chinks in the defence of the accused and mere suspicion
cannot be the basis for conviction of the accused. Prosecution has to stand
on its own legs. Present case being based on circumstantial evidence, let us
examine whether the prosecution has been able to place on record definite
evidence to connect the appellants/accused persons with the crime. It would
be worthwhile to refer here to the judgment in case titled Madhu alias
Madhuranatha and Another vs. State of Karnataka, (2014) 12 SCC 419,
wherein Hon‟ble Apex Court in para 13 observed as under :
Section 106 in The Indian Evidence Act, 1872 [Entire Act]
Shiv Narayan vs State (Nct Of Delhi) on 10 May, 2001
In this regard, reference is
made to the judgment of this Court in Shiv Narayan & Anr. Vs. State
(NCT of Delhi) 2002 (61) DRJ 734 (DB), wherein it was observed that :-
Sharad Birdhichand Sarda vs State Of Maharashtra on 17 July, 1984
"This Court has dealt with the case of circumstantial
evidence time and again. It has consistently been held that a
conviction can be based solely on circumstantial evidence.
The prosecution case must stand or fall on its own legs and
Signature Not Verified
Digitally Signed
By:GEETA JOSHI Page 17 of 26
Signing Date:03.02.2023
12:24:01
Neutral Citation Number 2023/DHC/000754
cannot derive any strength from the weakness of the
defence put up by the accused. However, a false defence
may be called into aid only to lend assurance to the court
where various links in the chain of circumstantial evidence
are complete in themselves. The circumstances from which
the conclusion of guilt is to be drawn should be fully
established. The facts so established should be consistent
only with the hypothesis of the guilt of the accused, that is
to say, they should not be explainable or point to any other
hypothesis except that the accused is guilty. The
circumstances should be of a conclusive nature and
tendency. The evidence produced by the prosecution should
be of such a nature that it makes the conviction of the
accused sustainable. (Vide: Sharad Birdhichand Sarda v.
State of Maharashtra, AIR 1984 SC 1622; State of Uttar
Pradesh v. Satish, AIR 2005 SC 1000; and Paramjeet Singh
v. State of Uttarakhand, AIR 2011 SC 200)."