plea about P.W.3 - Kumari Kirthi had last
seen the deceased in the company of the deceased. The
evidence ... appellant-accused that according to the
prosecution, the deceased was last seen in the company
of the accused at about
husband and PW.6, the sister of deceased have witnessed
that deceased was last seen in the company of the accused
prior to her death ... returned
alone leaving Nagalakshmi/deceased to die in room No.5. The
circumstance of the deceased last seen with the accused, as
already discussed above
husband and PW.6, the sister of deceased have witnessed
that deceased was last seen in the company of the accused
prior to her death ... returned
alone leaving Nagalakshmi/deceased to die in room No.5. The
circumstance of the deceased last seen with the accused, as
already discussed above
last seen theory comes into play where
the time gap between the point of time when
the Accused and deceased were seen last alive ... appellants
having been seen last together with the deceased.
But it is settled law that the only circumstance of
last seen will not complete
circumstance relied on by the prosecution is the
circumstance of the deceased last seen in the company
of the deceased. In proof of this circumstance ... deceased; but in the
instant case, we do not find any material to show that
after the deceased and the accused were last seen
following circumstances:-
a. Homicidal death of deceased Manjula,
b. Motive,
c. Deceased last seen together with the accused,
d. Recovery of knife and clothes ... last seen theory'. The last seen
theory comes into play where the time gap between the
point of time when accused and the deceased
state that deceased was last
seen in the company of the accused prior to her death. The last
seen theory comes into play when there ... that the accused and victims were last
seen together. It is settled that the circumstance of
last seen together cannot by itself form the basis
have been seen the accused and the deceased ten
days prior to the incident and thereafter, the
deceased was not seen. She has not disclosed ... prosecution.
42
Last seen theory:
42. Another circumstance relied by the
prosecution is with regard to last seen theory of the
deceased in the company
days from the last seen date to
-8-
the report of death, the principle of last seen theory is not
applicable due to the time ... post-mortem report.
(i) LAST SEEN THEORY
22. The case of prosecution is based on the last seen
theory. According to the testimony
days from the last seen date to
-8-
the report of death, the principle of last seen theory is not
applicable due to the time ... post-mortem report.
(i) LAST SEEN THEORY
22. The case of prosecution is based on the last seen
theory. According to the testimony
