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2002 Supreme(SC) 2418

U.C.BANERJEE, SHIVARAJ V.PATIL
Dilip Singh Moti Singh – Appellant
Versus
State of Gujarat – Respondent


ORDER :

1. This appeal is directed against the judgment and order of the Division Bench of the High Court convicting and sentencing the appellant under Sections 302 & 201 Indian Penal Code. Admittedly, and as the learned advocate in support of the appeal very strongly contended, the entire matter hinges on circumstantial evidence since there is no direct evidence available on record. Before, however, proceeding further in the matter the observations of this Court in Pawan Kumar v. State of Haryana, 2001 (3) SCC 628 seems to be rather apposite and the same is stated herein below Incidentally, success of the prosecution on the basis of circumstantial evidence will however depend on the availability of a complete chain of events so as not to leave any doubt for the conclusion that the act must have been done by the accused person. While, however, it is true that there should be no missing links, in the chain of events so far as the prosecution is concerned, but it is not that every one of the links must appear on the surface of the evidence, since some of these links may only be inferred from the proven facts.

2. Circumstances of strong suspicion without, however, any conclusive evidenc

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