Judgments - Circumstantial Evidence
Surendra Kumar & Anr. VERSUS State of U.P.
Ramcharan Patel Vs. State of M.P.
Law laid down - (1) Section 302, 120B and Section 201 of IPC : Vikki Bai was not traceable from matrimonial house and hence her father-in-law lodged "Gum Insaan" report in Police Station. Father of Vikki Bai also lodged the report that she is murdered by appellants. Body or remains of Vikki Bai could never be traced. The court below held the appellants as guilty on the basis of circumstantial evidence. Held : Conclusion of guilt must be based on circumstances Full Judgment
RAJ KUMAR @ RAJU Vs. STATE(NCT OF DELHI)
The chain leading to the sole conclusion that it is the accused persons and nobody else who had committed the crime is not established by the three circumstances set forth above, even if all of such circumstances are assumed to be proved against the accused. Reliance has also been placed on the decision of this Court in the case of Sanwat Khan and Anr. vs. State Full Judgment
JOSE @ PAPPACHAN Vs. SUB INSPECTOR OF POLICE, KOYILANDY & ANR
In Dhan Raj @ Dhand vs. State of Haryana (2014) 6 SCC 745, one of us (Hon. Ghose,J.) while dwelling on the imperatives of circumstantial evidence ruled that the same has to be of highest order to satisfy the test of proof in a criminal prosecution. It was underlined that such circumstantial evidence should establish a complete unbroken Full Judgment
PRAFUL SUDHAKAR PRAB Vs. STATE OF MAHARASHTRA - Murder
RAM SUNDER SEN Vs. NARENDRA @ BODE SINGH PATEL & ANR.
It is a settled law that when prosecution relies on circumstantial evidence, the following tests to be clearly established: (i) The circumstances from which an inference of guilt is sought to be drawn, must be cogent Full Judgment
NIZAM & ANR. Vs. STATE OF RAJASTHAN
Case of the prosecution is entirely based on the circumstantial evidence. In a case based on circumstantial evidence, settled law is that the circumstances from which the conclusion of guilt is drawn should be fully proved and such circumstances must be conclusive in nature. Moreover, all the circumstances should be complete, forming a chain and there should be no gap left in the chain of evidence. Further, the proved circumstances must be consistent only with the hypothesis of the guilt Full Judgment
PREM SINGH Vs. STATE OF HARYANA
Insofar as circumstances leading to connecting the appellant with the said murder are concerned, following evidence has come on record: (i) Brother of the deceased i.e. PW-9 had seen the appellant working in the fields which are adjacent to the fields of victim's family where Sunita had gone to collect Barseem. (ii) The appellant was keeping an evil eye on the deceased. (iii) The sickle, weapon used in the murder, Full Judgment
D. VELAYUTHAM Vs. STATE REP.BY INSPECTOR OF POLICE
He has admitted the receipt of the bribe amount. The only effort at proving his innocence has been the submission that receipt of the entire sum was on behalf of Accused 1, no part of which was demanded by Accused 2 for his own keeping and consumption. This Court has ratiocinated in significant length and detail on the nature of evidence commonly encountered in trap cases Full Judgment
BHIM SINGH & ANR. Versus STATE OF UTTARAKHAND
-The demand for dowry can be made at any time and not necessarily before marriage.- -Unlike as in Section 304- B where the court "shall presume" dowry death, when the prosecution has established the ingredients, under Section 113A of the Evidence Act, discretion has been conferred upon the Court wherein it has been provided that the Court may Full Judgment