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Haridwar Singh @ Hari Singh vs State Of Chhattisgarh on 27 January, 2023 cites

Kanhaiya Lal vs State Of Rajasthan on 13 March, 2014

The case in hand, apart from the statement of these two witnesses projecting the last seen theory, recovery of Rs. 260/- from the possession of the applicant, on the basis of his memorandum statement is there. The Doctor has conducted postmortem and opined that the death has occurred between 36 to 72 hours prior. The postmortem was conducted on 01.10.2021 between 4 to 4:30 pm. According to the postmortem report the death of the deceased might have caused at about 4 - 4:30 Am on 30.09.2021 or prior to it, statement of witness Sameer Singh @ Baba stated that he has seen the deceased and the applicant alive till 9 am on 30.09.2021. The citation relied upon by the counsel for the applicant in the case of Kanhaiya Lal Vs. State of Rajasthan (2014) 4 SCC 715 and Navaneethakrishnan Vs. State by Inspector of Police (2018) 16 SCC 161, whereby the Supreme Court acquitted the accused who was convicted on the basis of last seen theory.
Supreme Court of India Cites 4 - Cited by 54 - C Nagappan - Full Document

Ram Prasad Yadav vs State Of Chhattisgarh on 6 May, 2022

3. Learned counsel for the applicant submits that the applicant has not committed any ofence and has been falsely implicated in the case. She further submits that the dead body of the deceased was found in Sarbhoka Dam on 01.10.2021 which was seen by one witness. Thereafter the postmortem was conducted on the same day and it is revealed in the postmortem that he died of drowning. She further submits that according to the postmortem report, the period of death is between 36 to 72 hours. She submits that the case of the prosecution is basically rested on account of last seen theory which has been brought by witness Sameer Ahmed @ Baba who happens to be an unnatural witness because he stated that he saw the deceased with the present applicant alive till 30.09.2021 and the time gap between the time of death and the last seen together is too much and it is possible that somebody else might have committed the crime. She further submits that the evidence of last seen is weak piece of evidence and until and unless more admissible piece of evidence is brought on record, conviction cannot be sustained on the basis of only last seen theory. S he placed reliance on the Judgment of Hon'ble Supreme Court in case of Kanhaiya Lal Vs. State of Rajasthan (2014) 4 SCC 715 and Navaneethakrishnan Vs. State by Inspector of Police (2018) 16 SCC 161, and the judgment of this Court in the case of Ram Prasad Yadav Vs. State of Chhattisgarh and connected matter (Criminal Appeal No. 1118 of 2014). She lastly submits that the applicant is in jail since 03.10.2021; charge-sheet has already been filed and conclusion of the trial is likely to take some time, therefore, applicant may be released on bail.
Chattisgarh High Court Cites 14 - Cited by 1 - S Agrawal - Full Document
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