Indian Penal Code, 1860
Section 302 read with Section 34—Murder—Conviction based on circumstantial evidence—Appeal—Recovery of pistol found in working condition from the house of appellant based on his disclosure statement—Appellant last seen at the spot of crime at the time of incident—Opinion in post mortem report with respect to death due to gunshot injury coupled with testimony of prosecution witnesses clearly establishes a chain/sequence of events and circumstances pointing to the fact of appellant being guilty of charges framed against him—Once, the prosecution had discharged its onus of proving the fact that appellant had committed the crime in question then the onus was upon the appellant to prove that he was innocent—Failure of appellant to do so—Chain of evidences has been completely proved by the prosecution without any broken link in the said chain/sequence—Appeal dismissed.
[Paras 57 & 58]