(Ranjan Gogoi and R. Banumathi, JJ.)
Lavkumar Bhardwaj ________________________________ Appellant;
v.
State of Chhattisgarh ______________________________ Respondent.
Criminal Appeal No(s). 99 of 2018 [Arising out of Special Leave Petition (Criminal) No. 482/2018 @ D. No. 35876/2017], decided on January 16, 2018
The Order of the court was delivered by
Order
1. We have heard the learned counsels for the parties.
2. Delay condoned. Leave granted.
3. We have perused the order of the High Court and the other relevant materials on record.
4. The sole basis on which the accused appellant has been convicted is the evidence with regard to the accused being last seen with the deceased at about 8.30 p.m. on the date of occurrence which fact is established by the evidence of P.W.1. The dead-body was recovered early next morning.
5. Proof of the aforesaid circumstance i.e. last seen together, by itself, cannot and does not conclusively establish that it is the accused and the accused alone who is responsible for the crime. At best, it is one of the circumstances in the chain that the prosecution is obliged to build to succeed in a given case. There being no other evidence, except, what has been discussed above, we are of the view that the conviction of the accused appellant under Section 302 IPC and the consequential sentence of life imprisonment is legally untenable.
6. Consequently and in the light of the above, we allow the present appeal; set aside the order of the High Court. The conviction and sentence imposed on the accused is set aside and he is acquitted of the charge levelled against him.
SPECIAL LEAVE PETITION (CRIMINAL) NO(S)…………………/2018
DIARY NO(S). 35876/2017
Lavkumar Bhardwaj _________________________________ Appellant
v.
State of Chhattisgarh _____________________________ Respondent
(IA NO. 119340/2017-CONDONATION OF DELAY IN FILING AND INTERIM RELIEF)
Date: 16-01-2018 This matter was called on for hearing today.
(Before Ranjan Gogoi and R. Banumathi, JJ.)
For Petitioner(s) Ms. Susmita Lal, AOR
For Respondent(s) Mr. Apoorv Kurup, AOR
Mr. A.C. Boxipatro, Adv.
Ms. Nidhi Mittal, Adv.
UPON hearing the counsel the Court made the following
ORDER
7. Delay condoned. Leave granted.
8. The appeal is allowed in terms of the signed order.
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