Indian Penal Code, 1860
Section 302 read with Section 34—Murder—Case rests on circumstantial evidence—Conditions which are required to be fulfilled for returning guilt in a case based on circumstantial evidence—Summarized.
[Para 6]
Section 302 read with Section 34—Murder—Conviction—Case rests on circumstantial evidence—In view of serious doubt with regard to the credibility of the witnesses on the issue of extra-judicial confession and last seen theory, the failure to examine ballistic expert would be a glaring defect in the prosecution case—Prosecution has failed to prove the case beyond reasonable doubt—Accused are entitled to benefit of doubt—Conviction set aside.
[Paras 25 & 26]