Supreme Court · 2003 INSC 51 · Decided 30 January 2003
Bharat v. State of M.P.
- Court
- Supreme Court of India
- Citation
- 2003 INSC 51 · [2003] 1 S.C.R. 748
- Case number
- CRIMINAL APPEAL No. 488/1996
- Decided
- 30 January 2003
- Bench
- Y.K. SABHARWAL, H.K. SEMA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 394; Constitution Article 136
Headnote
v. STATE OF M.P. JANUARY 30, 2003 B [Y.K. SABHARWAL AND H.K. SEMA, JJ.) Penal Code, 1860: Ss.302 and 394-Murder and robbery-Conviction by both the courts C below based on circumstantial evidence, i.e. accused last seen with deceased and recovery of ornaments of deceased from accused-Held, High nor the recovery as a consequence of statement of accused-Besides, death took place a couple of days after D deceased was last seen with accused-Mere non-explanation by accused can not lead to proof of guilt against him-Chain of circumstances not complete so as to sustain conviction of
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