Supreme Court · 2011 INSC 487 · Decided 13 July 2011
Mustkeem @ Sirajudeen v. State of Rajasthan
- Court
- Supreme Court of India
- Citation
- 2011 INSC 487 · [2011] 9 S.C.R. 101
- Case number
- CRIMINAL APPEAL No. 1327/2008
- Decided
- 13 July 2011
- Bench
- A.K. GANGULY, DEEPAK VERMA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302134, 304134, 4, 25; CrPC Section 162, 161; Evidence Act Section 27; Constitution Article 226; Arms Act Section 4, 25
Headnote
Penal Code, 1860: s. 302134 - Murder - Circumstantial evidence - c Conviction by trial court - Upheld by High Court - HELD: Where the case rests squarely on circumstantial evidence, the inference of guilt can be justified only when all the incriminating facts and circumstances are found to be of the accused or the guilt D of any other person - In the instant case, the eye-witnesses and one of the recovery witness, having retracted their statements uls 161CrPC, were not believed bY courts below - As regards other witnesses, there are several discrepancies and contradictions in
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