Supreme Court · 2008 INSC 688 · Decided 16 May 2008
Venkatesan v. State of Tamil Nadu
- Court
- Supreme Court of India
- Citation
- 2008 INSC 688 · [2008] 8 S.C.R. 1060
- Case number
- CRIMINAL APPEAL No. 308/2001
- Decided
- 16 May 2008
- Bench
- ARIJIT PASAYAT, P. SATHASIVAM, AFTAB ALAM (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302
Headnote
Penal Code, 1860: s.302 - Conviction based on circum- c stantial evidence - Last seen theory - On facts, held: Wit- nesses did not speak of the date but only stated that they saw dcecased with accused on Tuesday - No evidence to show that accused and deceased were last seen together - Courts conviction - Evidence - Cir- D cumstantial evidence. i Prosecution case was that the deceased had illicit • relations with the wife of A-1 and had also tried to molest wife of A-2. On 21.4.1988, when father of deceased, PW-2 returned to village, he found his son missing from the E house.
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