Supreme Court · 2014 INSC 511 · Decided 31 July 2014
Durga Burman (Roy) v. State of Sikkim
- Court
- Supreme Court of India
- Citation
- 2014 INSC 511 · [2014] 8 S.C.R. 311
- Case number
- CRIMINAL APPEAL No. 1010/2004
- Decided
- 31 July 2014
- Bench
- MADAN B. LOKUR, KURIAN JOSEPH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 380, 34
Headnote
Penal Code, 1860 - ss.302, 380 rlw s. 34 - Murder - Caused due to strangulation by ligature - Wrist watch stolen from the house of deceased - Case set up only on circumstantial evidence - Two accused including the appellant - Trial Court convicted both the accused - High Court upheld conviction of held: The prosecution failed to lay foundation for effective prosecution and it was not proved beyond doubt that appellant had committed the murder - It is not enough that the circumstances lead to possibility or probability of the involvement of the accused; the circumstances should point
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