Supreme Court of India
K.T. Palanisamy v. State of Tamil Nadu
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From the headnote
Penal Code, 1860: ss.302, 1208 r.w. ss.34 and 109 - Dead body of deceased not found - Conviction for murder of deceased based on circumstantial evidence - Justification of c - Held: Not justified - No evidence in regard to death - Nothing to show that current in river was suc;h as to take dead body away '- Death as a fact thus not proved - All prosecution witnesses related to deceased - Difficult to believe that all witnesses saw deceased accompanying accused persons one after the other at different places - Thus, chance of their ~ deposing falsely not ruled out - When circumstantial evidence
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