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SANJAY KAROL, PRASHANT KUMAR MISHRA
Padman Bibhar – Appellant
Versus
State Of Odisha – Respondent
JUDGMENT :
PRASHANT KUMAR MISHRA, J.
Leave granted.
2. This appeal by special leave is directed against the impugned judgment and order dated 15.04.2024 passed by the High Court of Orissa at Cuttack in Criminal Appeal No. 358 of 2019, whereby the High Court has affirmed the conviction and 2019, whereby the High Court has affirmed the conviction and sentence imposed by the Trial Court convicting the appellant for committing the offences under Sections 302 and 201 of Indian Penal Code, 18601[‘IPC’] and sentenced him to undergo imprisonment for life and to pay a fine of Rs 10,000/- and imprisonment for two years and to pay a fine of Rs. 5,000/- respectively for each of the offence.
THE PROSECUTION CASE:
3. The prosecution case, in brief, is that at about 11 a.m. on 04.04.2016, informant’s son Akash Garadia2[‘deceased’] along with Budhadeba Garadia(PW-1) and Susanta Kusulia(PW-2) and the appellant/accused had been to the river nearby the village to take bath. From there, the appellant/accused and the deceased went to cashew field for collecting the cashew. The appellant/accused and the deceased did not return for long time, however, PW-1 and PW-2 returned to the village. The informant/Kali
Murder – Evidence on ‘last seen together’ is a weak piece of evidence – Conviction cannot be recorded against accused merely on the ground that accused was last seen with deceased.
Murder and disappearance of evidence – Whenever any doubt emanates in mind of Court, benefit shall accrue to accused and not prosecution – Conviction only on the basis of last seen together cannot be....
The main legal point established in the judgment is the application of the 'last seen together theory' and the reliance on circumstantial evidence, medical evidence, and recovery evidence to establis....
In a murder conviction based on circumstantial evidence, multiple corroborative factors, including the last seen theory and absence of alternative explanations, can establish guilt beyond reasonable ....
The court upheld the conviction for murder based on circumstantial evidence, emphasizing the last seen theory and the accused's failure to explain the circumstances of the death.
The prosecution must prove guilt beyond reasonable doubt in criminal cases, especially when relying on circumstantial evidence, which requires stringent adherence to established evidentiary standards....
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