Indian Penal Code, 1860
Section 302 read with Section 120B—Murder—Conviction based on discoveries pursuant to alleged disclosure statements of appellants—Recoveries are itself shrouded in mystery and not corroborated by the documents on records—Neither motive as alleged by the prosecution has been proved nor there is any scientific evidence to prove presence of appellants at the place of occurrence—Huge discrepancies in police documentation—Tenancy/ownership of place of occurrence was not proved to be of any of appellants—Father of deceased being unavailable (having died) by the time of examination in the court to prove the last seen theory—With such grave discrepancies breaking the chain of circumstance in multiple places, the trial court has erred in convicting appellants—Even no evidence by prosecution had been traversed to prove that there was indeed a meeting of minds/agreement at any earlier point of time to the crime of murder or any illegal act—Conviction set aside.
[Paras 19 & 20]
Decision : Appeal allowed