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1985 Supreme(SC) 259

S.MURTAZA FAZAL ALI, A.V.VARADARAJAN
Ram Avtar – Appellant
Versus
State (Delhi Administration) – Respondent


Advocates:
ANIL DEV SINGH, G.D.GUPTA, I.K.VADERA, NIRAJA MEHRA, R.N.Poddar

Judgment

FAZAL ALI, J. :- The appellant in this case was convicted under S. 302 IPC and sentenced to imprisonment for life by the High Court. The case depends purely on circumstantial evidence and the trial Court after considering the evidence was of the opinion that the prosecution case was not proved beyond reasonable doubt and. accordingly acquitted the appellant of the charges framed against him. The State filed an appeal before the High Court which reversed the decision of the trial Court and came to the conclusion that the appellant had killed his wife by strangulation. Hence, this appeal before this Court under S. 379 of the Cr. P.C., 1973.

2. At the very outset we might mention that circumstantial evidence must be complete and conclusive before accused can be convicted thereon. This, however, does not mean that there is any particular or special method of proof of circumstantial evidence. We must, however, guard against the danger of not considering circumstantial evidence in its proper perspective, e.g. where there is a chain of circumstances linked up with one another, it is not possible for the court to truncate and break the chain of circumstances. In other words where a





































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