Search Results Page
Search Results
1 - 10 of 14 (0.51 seconds)Shantabai & Ors vs State Of Maharashtra on 3 March, 2008
14. In the instant case, then, we could have placed some
reliance on the recovery, had the prosecution at least proved
that the blood was of human origin. As observed supra, while
discussing the evidence of PWs 9 and 16, the prosecution has
tried to concoct the case from stage to stage. Hence, in the
absence of positive material indicating that the stained blood
was of human origin and of the same blood group as that of
the accused, it would be difficult for the Court to rely upon the
aspect of recovery of the weapons and tabbal, and such
Page 16 of 23
http://www.judis.nic.in
Criminal Appeal No.753 of 2017
recovery does not help the case of the prosecution.”
18.7.Similarly in Shantabai and others Vs. State of Maharashtra
((2008) 16 Supreme Court Cases 354), the following observation has been
made.
Sattatiya @ Satish Rajanna Kartalla vs State Of Maharashtra on 16 January, 2008
In Sattatiya Vs. State of Maharashtra((2008) 3 Supreme
Court Cases 210), it has been held as under.
Sampath Kumar vs Inspector Of Police,Krishnagiri on 2 March, 2012
In Sampath Kumar Vs.
The Inspector of Police ((2012) 2 Supreme Court Cases (Criminal) 42 ), the
Apex Court has held as follows.
R.S. Jayakumar & Ors vs State Of Kerala & Ors on 12 October, 2007
The
Division Bench of this Court in Jayakumar Vs. State represented by the
Inspector of Police ((2019) 2 MLJ (Criminal) 668), has held as under
Sunil Rai @ Paua & Ors vs Union Territory, Chandigarh on 4 July, 2011
Reference may also be made to the decision of this Court in
Sunil Rai @ Paua and Ors. v. Union Territory, Chandigarh
Page 19 of 23
http://www.judis.nic.in
Criminal Appeal No.753 of 2017
(AIR 2011 SC 2545). This Court explained the legal position
as follows :
Section 27 in The Indian Evidence Act, 1872 [Entire Act]
The Code of Criminal Procedure, 1973
Sadhu Ram & Another vs The State Of Rajasthan on 10 April, 2003
13.Sadhu Ram & another V. The State of Rajasthan ((2003)
AIR(SC) 3530).
N.J.Suraj vs State Rep. By Inpsector on 28 October, 2002
In N.J. Suraj v.
State represented by Inspector of Police (2004) 11 SCC
346, the prosecution case was based entirely upon
circumstantial evidence and a motive. Having discussed
the circumstances relied upon by the prosecution, this Court
rejected motive which was the only remaining circumstance
relied upon by the prosecution stating that the presence of a
motive was not enough for supporting a conviction, for it is
well-settled that the chain of circumstances should be such as
to lead to an irresistible conclusion, that is incompatible with
the innocence of the accused.