Supreme Court · 2008 INSC 1405 · Decided 5 December 2008
Arun Bhakta @ Thulu v. State of West Bengal
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1405 · [2008] 17 S.C.R. 73
- Case number
- CRIMINAL APPEAL No. 1969/2008
- Decided
- 5 December 2008
- Bench
- ARIJIT PASAYAT, P. SATHASIVAM (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302; CrPC Section 313
Headnote
....., Penal Code, 1860 - s. 302 - Murder of wife -_, Circumstantial evidence - Last seen theory - PWs resi/ed ' from their statements denying to have last seen the accused c with the deceased - Conviction by courts below - On appeal, held: It would be unsafe to convict the accused in view of the to last seen aspect - Hence, acquitted. D Evidence - Circumstantial evidence - Reliance on - Held: Conviction can be based on such evidence - Condition precedent for reliance before conviction, discussed. Appellant-accused was prosecuted uls. 302 IPC for E having killed his wife. According to
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