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1 - 10 of 14 (0.37 seconds)Section 377 in The Indian Penal Code, 1860 [Entire Act]
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 106 in The Indian Evidence Act, 1872 [Entire Act]
Section 24 in The Indian Evidence Act, 1872 [Entire Act]
N.J.Suraj vs State Rep. By Inpsector on 28 October, 2002
11. The prosecution case is based on circumstantial evidence though the
motive of the occurrence is not disclosed in the fardbeyan of the informant;
yet it came in the testimony of all the prosecution witnesses that the
appellant-convict was having evil eyes upon the sister of the deceased
Narayan Mehta and on account of this very reason, he had committed
murder of Narayan Mehta. It also came in the testimony of all the
prosecution witnesses that a panchayat was held but no one witness has
stated that the proceeding of panchayat was reduced in writing, everything
was done only in oral and the appellant-convict was also punished by the
panchayat. As such, the motive of occurrence is proved from the
testimony of all the prosecution witnesses but the same alone cannot be
basis of conviction. The chain of circumstances should be complete.
11.1 The Hon'ble Supreme Court in the case of N. J. Suraj vs. State
represented by Inspector of Police reported in AIR Online 2004 SC 141
held that in case of a circumstantial evidence motive for commission of
offence is not sufficient to prove the guilt of accused, circumstances should
lead only in resistible conclusion of guilt. Paragraph No.4 reads as under:
Sunil Rai @ Paua & Ors vs Union Territory, Chandigarh on 4 July, 2011
11.2 The Hon'ble Supreme Court in the case of Sunil Rai @ Pauna & Ors.
Vs. Union Territory, Chandigarh reported in AIR 2011 Supreme Court
R. Sreenivasa vs State Of Karnataka on 6 September, 2023
12.3 The Hon'ble Supreme Court in the case of R. Sreenivasa Vs. State of
Karnataka reported in 2023 LiveLaw (SC) 803 held that last seen theory can
Chotkau vs The State Of Uttar Pradesh on 28 September, 2022
A 3-Judge Bench in Chotkau v
State of Uttar Pradesh, (2023) 6 SCC 742 opined as under: '
Mohd. Jabir And Others vs State Of Uttarakhand And Others on 19 July, 2017
12.4 The Hon'ble Supreme Court in the case of Jabir & Ors. Vs. The State
of Uttarakhand reported in 2023 LiveLaw (SC) 41 held that the last seen
circumstances cannot be sole basis for conviction.