Supreme Court of India
State of Punjab v. Kewal Krishan
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What the Court ordered
We are of the considered view that the High Court was justified in doubting the testimony of PW- 2 and finding the last seen circumstance inconclusive in pointing towards the guilt of the accused by excluding other hypotheses consistent with his innocence.
Judgment, page 8
From the headnote
Penal Code, 1860 – s. 302 – Acquittal confirmed – Prosecution case that the deceased was last seen alive in his own house in the company of the accused at about 7.00 p.m. on 10.12.1998 – PW-6, nephew of the deceased discovered body of deceased on 12.12.1998 – FIR was registered – Name of the accused did not surface on the record till 25.12.1998 – PW-2, the sole witness of the last seen circumstance, in his deposition in court, stated that he had expressed his suspicion in respect of accused’s involvement to the police on 13.12.1998 – It was also alleged that accused made an extra-judicial…
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