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2011 Supreme(SC) 408

CHANDRAMAULI KR.PRASAD, HARJIT SINGH BEDI
Surendra – Appellant
Versus
State Of Rajasthan – Respondent


Judgment :

1. These appeals by way of special leave arises out of the following facts:

1.1 Mukesh P.W., son of the deceased Tara Chand and Phoola Devi returned home at 7:30p.m. on 24th December, 2000 and found that his parents were lying dead in the verandah of the house. An FIR was, accordingly, lodged against unknown persons but on investigation the police found out that four persons had been involved in the murders, they being Juglal, the brother of the deceased Tara Chand, Satpal, Son in Law of Juglal, Surendra the appellant before us, and Rajesh, son of Surja Ram. The trial court, by its judgment dated 11th January, 2002, acquitted Juglal and Rajesh but convicted Satpal and Surendra under Section 302 on two counts and sentenced them to imprisonment for life under Section 302/34 of the Indian Penal Code along with fine. The trial court observed that there were no eye witnesses to the murders and that the prosecution story depended for proof exclusively on circumstantial evidence. Five circumstances in all were, accordingly, determined; they being: (i) death of Tara Chand and Phoola Devi was homicidal; (ii) motive for the commission of the murder; (iii) that the two appellants ha







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