Indian Penal Code, 1860
Section 302—Murder—Conviction—Circumstantial evidence—If the evidence of brother of deceased is to be appreciated wherein he has stated that accused came to his house and informed him that he has killed the deceased, such statement does not find any mention in the oral report—Delay of fourteen hours in lodging the oral report has not been sufficiently explained—Only witness of last seen theory, i.e. brother-in-law of deceased, has turned hostile and has thus been disbelieved—Trial court disbelieved the very same evidence in so far as other four accused were concerned—High Court as well as trial court were not justified in convicting appellant—Conviction set aside.
[Paras 10 to 12]
Decision : Appeal allowed