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2002 (12) TMI 609 - SC - Indian Laws

Issues:
1. Conviction under Section 302 read with Section 34 IPC based on circumstantial evidence.
2. Re-appraisal of evidence by High Court leading to acquittal.
3. Reliability of circumstantial evidence.
4. Credibility of witnesses and extra-judicial confession.
5. Alleged ill-treatment and motive for murder.
6. Stand of the accused and lack of motive.

Analysis:
1. The initial conviction of the accused under Section 302 read with Section 34 IPC was based on circumstantial evidence. The trial court found the chain of circumstances complete, including the manner in which the body was recovered and the medical evidence indicating death by asphyxia due to strangulation. The trial court relied on witness testimonies, such as PW5 who saw the deceased with the accused and heard a cry before finding the body. The trial court also considered an alleged extra-judicial confession by the accused as a basis for conviction.

2. The High Court re-appraised the evidence and overturned the conviction. The High Court questioned the reliability of the medical evidence and witness testimonies. It found discrepancies in the deposition of witnesses, such as PW5, whose credibility was impeached due to the location of his work and the circumstances of the alleged sighting. The High Court also dismissed the alleged extra-judicial confession as a concocted piece of evidence and raised doubts about the motive for the murder.

3. The Supreme Court focused on the reliability of circumstantial evidence presented by the prosecution. It analyzed the credibility of witnesses, particularly emphasizing the doubts raised regarding witness testimonies and the alleged extra-judicial confession. The Court agreed with the High Court's findings on the unreliability of crucial aspects of the prosecution's case, leading to the acquittal of the accused.

4. The Court further examined the alleged ill-treatment of the deceased and the motive for the murder. It concluded that these aspects were not sufficiently proved and appeared to be a fabricated narrative. The Court also rejected the alleged extra-judicial confession due to inconsistencies in witness testimonies and the absence of crucial details in official reports.

5. Regarding the stand of the accused and their lack of motive for the murder, the Court found their version consistent with the evidence on record. The Court highlighted that the accused claimed they had no motive to harm the deceased and were actually searching for her, aligning with the material presented during the trial.

6. Ultimately, the Supreme Court upheld the High Court's decision to acquit the accused, emphasizing the lack of interference required in the case. The appeal was dismissed, affirming the acquittal of the accused based on the unreliability of the prosecution's evidence and the inconsistencies in witness testimonies and alleged confession.

 

 

 

 

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