Raja @ Rajinder Vs. State of Haryana
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Head Note
Criminal Laws - Circumstantial Evidence
Whether the chain is complete or not would depend on the facts of each case emanating from the evidence and no universal yardstick should ever be attempted.
Indian Penal Code,1860 - Section 302 , Section 201 , Section 34 , The Indian Evidence Act, 1872 - Section 27
Murder - Circumstantial evidence - Appeal against conviction - Evidence of last seen - Disclosure statement - Motive - Accused and the deceased had left the house of the deceased and were seen taking tea together at the tea stall - Recovery of knife, blood-stained clothes and the ashes of the burnt blanket at the instance of the accused-appellant has been rightly accepted by the trial Court as well as by the High Court - Blood-stained clothes and the weapon, the knife, were sent to the Forensic Science Laboratory and report obtained from the Laboratory clearly shows that blood stains were found on the clothes and the knife - Though there has been no matching of the blood group yet that would not make a difference in the facts of the present case - Accused has not offered any explanation how the human blood was found on the clothes and the knife - PW 7's testimony to the effect that he had seen the accused with a bundle in "palli" at a particular place cannot be disbelieved - It has been established that there was suspicion by the accused that the deceased was having relationship with his brother's wife and that had aroused his anger - Said motive further strengthens the case of the prosecution- Appeal liable to be dismissed.
The Indian Evidence Act, 1872 - Section 27
Disclosure statement - If an accused person gives a statement that relates to the discovery of a fact in consequence of information received from him is admissible - Rest part of the statement has to be treated as inadmissible.
Topic(s)-Murder - Circumstantial evidence - Conviction