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Head Note

Criminal Laws  - Circumstantial Evidence

Circumstantial evidence - 'Last seen together' theory - Close proximity between the last seen evidence and death should be clearly established.

Indian Penal Code,1860  - Section 302 , Section 201

Murder - Circumstantial Evidence - Last seen together theory - Prosecution has failed to prove the evidence which establishes the 'last seen together' theory beyond reasonable doubt to prove the guilt of the accused - Prosecution merely proved the motive which could have compelled the accused, and that the accused went to the bar with one other person, but the identity of that other person is not clearly established at all - Post-mortem report fails to specify any approximate time of death and in light of the recovery of the dead body on 20.01.2001, after 4 days, which is not a small gap since the deceased disappeared on 16.01.2001- Held that it is not appropriate to convict the accused when his role is not firmly established - No grounds to interfere with the judgment of acquittal passed by the High Court.

Topic(s)-Murder - Circumstantial Evidence - Last seen together theory - Acquittal ,