|SC of INDIA|
2017-05-23Criminal Appeal No 560 of 2014J. L.Nageshwara RaoAnjan Kumar vs State of AssamIPC 302
Last Seen Together Along With Absence Of Satisfactory Explanation Insufficient For Conviction
(1) It is clear from the above that in a case where the other links have been satisfactorily made out and the circumstances point to the guilt of the accused, the circumstance of last seen together and absence of explanation would provide an additional link which completes the chain. In the absence of proof of other circumstances, the only circumstance of last seen together and absence of satisfactory explanation cannot be made the basis of conviction. The other judgments on this point judgment are not applicable to the facts of this case.
(2) Due to the lack of chain of circumstances which lead to the only hypothesis of guilt against the accused, we set aside the judgment of the High Court and acquit the Appellants of the charges of Section 302, 201 read with 34 IPC. The Appellants are directed to be set at liberty forthwith, if not required in any other case.
(3) The Appeal is accordingly allowed. DOWNLOAD | GOOGLE DOCS | VIEW