Supreme Court · 1994 INSC 32 · Decided 27 January 1994

Eshwaraiah and ANR. v. State of Karnataka

Court
Supreme Court of India
Citation
1994 INSC 32 · [1994] 1 S.C.R. 387
Case number
CRIMINAL APPEAL No. 514/1988
Decided
27 January 1994
Bench
K. JAYACHANDRA REDDY, G.N. RAY (2-judge bench)
Outcome
Dismissed
Case type
Criminal
Acts & sections cited
IPC Section 302, 34; Evidence Act Section 101

Headnote

Indian Penal Code, 1860: Section 302/34--Death of a person in the A B + presence of two accused in a house bolted from inside-No plausible explana­ tion-Prosecution could not prove who actually smothered the deceased--Cir­ cumstantial evidence that death was homicidaHfeld both the accused scrutinised-All circumstances must f onn an unbroken chain leading to the only inescapable conclusion of the guilt of the accused. Indian Evidence Act, 1872: Sections 101 and lOfr-Burden of proof-l'resence of accused and none else at the time of death-Burden lies on accused to explain their

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