AIROnline 2025 SC 62

Supreme Court Of India

(From : 2011 Cri LJ (NOC) 28 (Chh))

Hon'ble Judge(s): Pankaj Mithal, Ahsanuddin Amanullah , JJ

Penal Code (45 of 1860) , S.302— Evidence Act (1 of 1872) , S.3— Murder - Circumstantial evidence - Allegation that accused injured deceased by a 'farsi'which caused his death - Alleged motive of strained relationship between accused and deceased due to non-payment of wages, was not sufficient for drastic action of killing deceased - There was no cogent evidence to show that accused was person last seen in company of deceased - Weapon of crime was recovered after 20-25 days of incident - There was no forensic report to prove that blood stains on 'farsi' matched with blood of deceased - Recovery of weapon of crime was doubtful and it was also not certain that it was actually weapon of crime - Evidence of witnesses was not found credible regarding having seen accused fleeing from scene of crime - Accused was held entitled to benefit of doubt and was acquitted (Para 13 14 15 16 17) .....