Penal Code (45 of 1860) , S.302— Evidence Act (1 of 1872) , S.3— Murder – Circumstantial evidence – Failure to establish chain of circumstances – Accused allegedly killed deceased who was his neighbour – Mother of deceased deposed that accused had taken deceased with him from their house – In examination-in-chief, she deposed that deceased voluntarily accompanied accused, however, in cross examination, she stated that accused pulled deceased by catching his hand while taking deceased with him – There was no enmity between deceased and accused but mother of deceased suspected that accused had killed her son – There were significant improvements and omissions in her evidence – Evidence of father on last seen together theory could not be believed as he stated that he was sleeping when accused took deceased with him – Statement of father of deceased that his wife had visited accused’s house was hearsay evidence as he did not accompany his wife – Finding of High Court that accused had given evasive replies to misguide parents of deceased was also unsustainable – Two significant circumstances forming chain were not established – Conviction was set aside.
Judgment of Delhi High court-Reversed(Paras8910)
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