Indian Penal Code, 1860
Section 302 read with Section 34—Murder—Conviction—There are numerous critical gaps in the chain of circumstantial evidence and discrepancies in the testimonies of eye-witnesses—Prosecution has been unable to prove beyond reasonable doubt, on the basis of circumstantial evidence, that offence was committed by the appellants—Linkages between evidence presented by prosecution cannot sustain a finding of guilt beyond reasonable doubt—Conviction set aside.
[Paras 16 & 17]
Decision : Appeals allowed