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The Practical Lawyer

Kanhaiya Lal v. State of Rajasthan, (2014) 4 SCC 715

Criminal Law

Criminal Trial

Last seen together - Circumstance of last seen together does not by itself necessarily lead to inference that it was
accused who committed crime - There must be something more establishing connection between accused and crime,
that points to guilt of accused and none else - Mere non-explanation of being last seen together with deceased person on
part of accused, by itself cannot lead to proof of guilt against him, (2014) 4 SCC 715-A

Criminal Law

Penal Code, 1860

Ss. 302 and 201 - Murder - Circumstantial evidence - Last seen evidence the only evidence against appellant -
Conviction reversed - On 31-8-2003 at about 9.00 p.m. appellant and deceased came to PW 4 and purchased one bottle
of liquor from PW 4 - Both of them went away together - Deceased did not return home - Dead body of deceased was
recovered from well - Trial court found appellant guilty on basis of evidence that death of deceased was homicidal in
nature, he was last seen with appellant and he objected to illicit intimacy of appellant with wife of his younger brother PW
3 K - High Court confirmed conviction - Appellant allegedly committed murder of KA by strangulation and threw the body
in the well - Nobody witnessed the occurrence and case rests on circumstantial evidence - Appellant having gone with
deceased, is the singular piece of circumstantial evidence available against him - Held, conviction of appellant cannot be
maintained merely on suspicion, however strong it may be, or on his conduct - These facts assume further importance on
account of absence of proof of motive, particularly when it is proved that there was cordial relationship between accused
and deceased for a long time, (2014) 4 SCC 715-B

Criminal Law

Criminal Trial

Where a case rests squarely on circumstantial evidence, reiterated, inference of guilt can be justified only when all
incriminating facts and circumstances are found to be incompatible with innocence of accused or guilt of any other
person - Circumstances from which an inference as to guilt of accused is drawn have to be proved beyond reasonable
doubt, (2014) 4 SCC 715-C

http://www.supremecourtcases.com Eastern Book Company Generated: Sunday, November 19, 2017