Supreme Court · 2010 INSC 324 · Decided 14 May 2010
Niranjan Panja v. State of West Bengal
- Court
- Supreme Court of India
- Citation
- 2010 INSC 324 · [2010] 7 S.C.R. 113
- Case number
- CRIMINAL APPEAL No. 564/2005
- Decided
- 14 May 2010
- Bench
- V.S. SIRPURKAR, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 201
Headnote
A B Penal Code, 1860 - s. 302 - Murder - Circumstantial evidence - Motive alleged - Conviction by courts below C relying on circumstances of the case including discovery of the weapon of offence and applying the theory of 'last seen together' - On appeal, held: Conviction not justified - The order are inconsequential - Discovery of weapon of offence cannot be D relied upon as the same was not produced before the court - Motive which is an important circumstance, not proved - Conviction cannot be based on theory of 'last seen together' as the prosecution failed to establish the
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