AIR 1991 SUPREME COURT 917 ::1991 AIR SCW 179 ::(1991) CriCJ 200 ::1991 CriAppR(SC) 102 ::(1991) 1 HinduLR 472 ::1992 SCC(Cri) 331 ::(1991) 1 RecCriR 249 ::1991 CriLR(SC MAH GUJ) 114 ::(1991) 1 AllCriLR 324 ::(1992) 1 ChandCriC 58 ::1991 (1) DMC 212 ::1991 (1) GujLR 321 ::(1991) 1 Guj LH 105 ::1992 (1) SCC(Supp) 567 ::(1991) 2 Crimes 4 ::(1991) SC Cr R 355 ::(1991) 1 JT 1 (SC)

Supreme Court Of India

(From : Gujarat High Court)

Hon'ble Judge(s): S. Ratnavel Pandian, K. Jayachandra Reddy , JJ

(A) Penal Code (45 of 1860) , S.300— Charge of murder - Circumstantial evidence - Burden of proof - Facts and circumstances from which conclusion of guilt is drawn must be fully established - Facts and circumstances established must entirely be incompatible with innocence of accused besides being consistent only with guilt of accused. Evidence Act (1 of 1872) , S.101, S.102, S.103, S.104— In a case of murder in which the evidence is of a circumstantial nature the facts and circumstances from which the conclusion of guilt is said to be drawn by the prosecution must be fully established beyond all reasonable doubt and the facts and circumstances so established should not only be consistent with the guilt of the accused but also they must entirely be incompatible with the innocence of the accused and must exclude every reasonable hypothesis consistent with his innocence.(Para 8) (B) Penal Code (45 of 1860) , S.300— Charge of murder - Burden of proof - Prosecution has to stand on its own legs - It cannot derive @page-SC918strength from weakness of defence. In a case of murder, the prosecution must stand or fall on its own legs and it cannot derive any strength from the weakness of the defence and that it is not the l....