Supreme Court · 2015 INSC 640 · Decided 4 September 2015
Nizam & ANR. v. State of Rajasthan
- Court
- Supreme Court of India
- Citation
- 2015 INSC 640 · [2015] 10 S.C.R. 786
- Case number
- CRIMINAL APPEAL No. 413/2007
- Decided
- 4 September 2015
- Bench
- DIPAK MISRA, R. BANUMATHI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 201; Evidence Act Section 106; Constitution Article 136
Headnote
Penal Code, 1860- ss. 302 and 201 - Prosecution under - Based on circumstantial evidence - Conviction by courts C below - On appeal, held: For establishing the guilt on the basis of circumstantial evidence, the circumstances must be firmly established and the chain of circumstances must be in the prosecution case - In the facts of the case, chain of D circumstances were not complete so as to point only to the guilt of the accused and no other inference :- If more than one inferences can be drawn, then the accused must have the benefit of doubt - Therefore, conviction of
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