Praful Sudhakar Parab Vs. State of Maharashtra
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Head Note
Criminal Laws - Circumstantial Evidence
Murder - Dead body recovered at instance of accused, while confessing his guilt - Three buttons of his shirt, stone with which head of deceased was smashed, official belongings of deceased, recovered from scene of occurrence - PW-9, independent witness of scene of occurrence and recovery of dead body and other articles, thoroughly cross examined by defence - Shirt of accused with three buttons missing, recovered from house of accused's parent's - Keys of office which victim was carrying, recovered from him - "Last seen theory' established - Held chain of circumstances is complete and unerringly points towards the guilt of the accused.
Criminal Laws - Last seen theory
Conviction - Held, last seen theory is a circumstance, which can be relied but only on the basis of it, conviction cannot be recorded.
Criminal Laws - Last seen theory
Murder - Statement of deceased's wife that he left with accused at night on 7.12.2023 and on 9.12.1996, his dead body was found, found to be trust-worthy by courts below - Accused made confession on 9.12.2023 and thereafter dead body recovered - Held, there being no time gap between the time when accused was last seen with deceased and recovery of dead body, 'last seen evidence' became relevant and was rightly relied by courts below.
Criminal Laws - Absence of motive
Murder - Bunch of office keys, which were with deceased, recovered from accused - Stealing of cash from office may be the motive. Held motive being always hidden in the mind of the accused, is not an easy task to prove - Lack of motive would not vitiate prosecution's case.
Topic(s)-Last seen theory