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Head Note

Indian Penal Code,1860  - Section 302 , Section 34

Appeal against Conviction - Appreciation of Evidence - Parity - Merely because one or more of those charged with the substantial offences and also charged under Section 34 IPC have been acquitted, the one in the group who shared the common intention, in whose case there is conclusive evidence of direct involvement, cannot claim parity.

Indian Penal Code,1860  - Section 302 , Section 201

Murder - Circumstantial Evidence - Theory of Last Seen - Disclosure statement - Deceased was last seen in the company of appellant - Recovery of weapon of offence namely Dharia, spade and kulhari and recovery of blood-stained clothes of appellant on her disclosure statement -This evidence formed an unbroken chain which led only to one hypothesis, viz., the involvement of the appellant in the offences under Section 302 and Section 201 IPC - Even under Section 313 IPC statement, the appellant did not have any explanation on the presence of human blood stains on her clothes which were duly recovered on her disclosure - Concurrent findings on the conviction and sentence of the appellant upheld.

Topic(s)-Murder - Circumstantial Evidence