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1 - 6 of 6 (0.31 seconds)Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Ashok Kumar Chatterjee vs State Of M.P. on 2 May, 1989
and
Gaikwad RD 10/26
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(211)APEAL-2432011(J)
4 The circumstantial evidence in order to sustain
conviction must be complete and incapable of
explanation on any other hypothesis than that of the
guilt of the accused and such evidence should not
only be consistent with the guilt of the accused but
should be inconsistent with his innocence. (See
Ashok Kumar v. State of M.P., AIR 1989 SC 1890,
Padala Veera v. State of A.P., AIR 1990 SC 79.)
13 The prosecution case is based on the following
circumstances in order to point out guilt of the
appellant/accused :
Sharad Birdhichand Sarda vs State Of Maharashtra on 17 July, 1984
(211)APEAL-2432011(J)
25 The conduct of the appellant/accused also
becomes relevant and incriminates him. In his
examination under Section 313 of the Code of Criminal
Procedure of the appellant/accused, he has stated cause
of burn injuries sustained by him at about the time and
date of the incident as due to his attempt to extinguish
fire from person of deceased Ashatai. However, on the
first opportunity when he got himself admitted to the
Rural Hospital, Shirala the appellant/accused has stated
the history of sustaining burn injuries as accidental burn
caused during lightening of the stove by him. This is
reflected from papers of medical treatment of the
appellant/accused, which are admitted by him. He had
suffered 45% burn injuries in the incident. The history
narrated by him to the medical officer first in point of time
is of accidental burns, whereas during his examination
under Section 313 of the Code of Criminal Procedure, he is
stating that he sustained burns while extinguishing a fire
from person of Ashatai. It is obviously a false plea taken
by the appellant/accused. A false plea taken by the
appellant/accused in case of circumstantial evidence
Gaikwad RD 25/26
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(211)APEAL-2432011(J)
providing an additional link in the chain of circumstances
(see Sharad Birdhichand Sarda v. State of
Maharashtra, (1984)4 SCC 116).
Section 27 in The Indian Evidence Act, 1872 [Entire Act]
The Code of Criminal Procedure, 1973
1