Back
RAJA VIJAYARAGHAVAN V, P. V. BALAKRISHNAN
Akkantappa @ Kullan S/o. Ayyappa – Appellant
Versus
State of Kerala – Respondent
JUDGMENT :
P.V.BALA KRISHNAN, J.
This appeal is filed by the first accused in SC No.363/2018 on the files of the Additional Sessions Court-II, Kasaragod challenging his conviction and sentence passed under Section 302 IPC .
2. The prosecution case is that on 6/8/2017 at about 6.30 pm the accused two in number, in furtherance of their common intention to murder Rangappagaji, hit him on his chest using a laterite stone causing fractures on his ribs and resulting in his death. It is alleged that the motive for committing the act is the deceased demanding back the money borrowed by the first accused. It is also alleged that after commission of the crime, the first accused misappropriated the mobile phone of the deceased. Hence, the prosecution alleged that the accused have committed the offences punishable under Sections 302 & 404 read with section 34 IPC .
3. On appearance of the accused before the trial court, charges were framed against them for afore offences, to which they pleaded not guilty. Thereafter, from the side of the prosecution, PW1 to PW24 were examined and Exhibits P1 to P31 documents and MO1 to MO2
The last seen theory requires a close time connection between the accused and the deceased's death, and mere presence is insufficient for conviction without additional evidence linking the accused to....
Circumstantial evidence must establish foundational facts beyond reasonable doubt for a conviction; the prosecution failed to prove the last seen theory and weapon recovery.
The last seen theory and circumstantial evidence are crucial in establishing guilt in murder cases, particularly when direct evidence is lacking.
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....
In a case based on circumstantial evidence, the prosecution must prove all the circumstances which are required to be proved in order to complete the chain of circumstances towards the guilt of the a....
(1) Circumstantial evidence – ‘Last seen’ theory can be invoked only when same stands proved beyond reasonable doubt.(2) When two views are possible, one favouring accused is to be leaned on.
Conviction for murder barred by insufficient evidence; last seen theory alone lacks definitive proof, reinforcing the standard that circumstantial proof must connect the accused to the crime.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
