Indian Penal Code, 1860
Section 302—Murder—Conviction—Circumstantial evidence—Evidence relating to the motive, which has been adduced by the prosecution is very shaky in nature—Though blood stain was found on sword, but the origin of the blood could not be detected and the grouping was not done because it was inclusive in nature—Since there is no evidence of sealing the hairs after it was collected by the Scientific Officer and handed over to the IO and there is no other connecting evidence on record to link the appellant with the crime and the law requires that circumstances proved must form a chain of events from which the only irresistible conclusion about the guilt of the accused can be safely drawn and the fouler the crime, higher the proof and the suspicion howsoever strong, cannot take place of proof, it would be hazardous to convict the appellant solely basing upon the chemical examination report—Main gate of the house in question was locked in the night of occurrence and key was available with the deceased, who was sleeping on the roof top and staircase was inside the house—Blood stains found in the staircase as also in the railing of the staircase also makes the case more suspicious—Conviction of appellant under Section 302 of the IPC cannot be sustained in the eye of law—Appellant acquitted.
[Paras 10 & 11]