Supreme Court of India
Arun Bhakta @ Thulu v. State of West Bengal
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From the headnote
Penal Code, 1860 - s. 302 - Murder of wife -_, Circumstantial evidence - Last seen theory - PWs resi/ed ' from their statements denying to have last seen the accused c with the deceased - Conviction by courts below - On appeal, held: It would be unsafe to convict the accused in view of the statements of pws relating to last seen aspect - Hence, acquitted. Evidence - Circumstantial evidence - Reliance on - Held: Conviction can be based on such evidence - Condition precedent for reliance before conviction, discussed. Appellant-accused was prosecuted uls. 302 IPC for having killed his wife.
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