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1977 Supreme(MP) 926
IN THE HIGH COURT OF MADHYA PRADESH
G.P. SINGH, N.C. DWIVEDI, JJ.
Jagdish - Appellant
Vs.
State of M.P. - Respondent
Cr. A. No. 677 of 1972 (J)
Decided On : 18-10-1977
Subject
Criminal Law - Murder
Act Referred
Headnote
For the Appellant : D.D. Bhargava.
For the State :M.V. Tamaskar, Government Advocate.
1. Appellant Jagdish had challenged his conviction under section 302 IPC for committing the murder of his wife Mst. Ramkali for which he was sentenced to undergo imprisonment for life.
2. Held : This Court is of the view that the circumstantial evidence is conclusive to fasten the guilt for the murder of his wife on the appellant. In order to have the conviction of an accused on circumstantial evidence, the Court must be certain that the circumstantial evidence is of such a character as is consistent only with the guilt of the accused. If, however, the circumstantial evidence admits of any other rational explanation in such an event, an element of doubt would creep in and the accused must necessarily have the benefit thereof. The circumstance relied upon should be of a conclusive character and should exclude every hypothesis other than that of the guilt of the accused. Khashaba Maruti Shelke v. State of Maharashtra, AIR 1973 SC 2474, Chandanlal and another v. State of Rajasthan, AIR 1976 SC 917, State of Punjab v. Bhajan Singh and others, AIR 1975 SC 258 relied on. Appeal dismissed.
