that deceased was last seen alive with the appellants on 23.01.2001.
Undoubtedly, “last seen theory” is an important link in the chain of
circumstances that ... seen whether in the
facts and circumstances of this case, whether the courts below were right
in invoking the “last seen theory.” From the evidence
held that the prosecution has partially established the
last seen theory through the testimonies of PW6 and PW7.
The High Court further rejected the evidence ... been established by
the prosecution. Through the first limb of the last
seen theory as regards the second accused
projected through PW10 Krishan
seen whether in the facts and circumstances of this case, whether the courts below were right in invoking the "last seen theory." From ... last seen theory comes into play where the time gap between the point of time when the accused and deceased were seen last alive
Penal
Code, learned Trial Court based its decision primarily on:
(i) Last seen theory.
(ii) Circumstantial evidence.
(iii) Disclosure statements ... hereinafter:-
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6
Last Seen Theory:
7(i). Witnesses: There are three main witnesses to
this theory
State of
Andhra Pradesh .
84. The last-seen evidence pertains to the accused and
the deceased being last seen together at 10.30 in the night ... conviction on the solitary
circumstance of last-seen.
(iv) Proximity of time between the deceased being last seen
in the company of the accused
seen the appellant together with the deceased and disclosure
of dead body. As such, on peculiar circumstances of the case, the last
seen theory ... when accused and deceased were last seen
together as well as time of death of deceased. Last seen theory
requires a possible link between
last seen with the
deceased. In other words, a conviction cannot be based on the only
circumstance of last seen together. Normally, last seen theory ... follow the point of being so last seen.”
25. In the present case, save the “last seen” theory, there is no other
circumstance or evidence
that last seen theory comes into play where the time gap between the point of time when accused and deceased were seen last alive ... basis of last seen evidence, even if, version of witnesses of fact in this regard is believed.
38. Last seen theory has been applied
last seen theory comes into play where the time gap between the point of time when the accused and the deceased were seen last alive ... last scene theory comes into play where the time gap between the point of time when the accused and the deceased were last seen alive
last seen with the deceased,
but it is not prudent to base conviction solely on the basis of last seen
evidence because last seen evidence ... last seen with the deceased,
but it is not prudent to base conviction solely on the basis of last seen
evidence because last seen evidence
