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2010 (8) TMI 1006 - SC - Indian LawsCharges for Murder u/s 302 IPC - circumstantial evidence - HELD THAT:- In view of the fact that Benny (PW.10) had developed intimacy with the deceased Sweety and her mother and while travelling in a car he had fed Sweety with his hands while the appellant was asleep and there had been some untoward incident about which the appellant had confronted the deceased, the possibility of some involvement of Benny (PW.10) cannot be ruled out or it could also cause embarrassment to deceased. In a case of circumstantial evidence, motive must be established at least to certain extent. Had there been a motive on the part of the appellant to get rid of deceased and he had purchased the Sodium Cyanide on 26th/27th May, 2000, from Xavior (PW.7), it is difficult to believe that he was waiting upto 1.6.2000 and that he would have advised his wife to take the Cyanide under the guise of an Ayurvedic contraceptive medicine at the residence of her parents. The Trial Court had doubts regarding the veracity of the depositions of Jaison (PW.4), Davis (PW.5), and Xavior (PW.7), being friends of Benny (PW.10). The Trial Court, in fact, had an advantage to watch the demeanour of the witness and was in a better position to evaluate their credibility. Thus, the High court ought not to have reversed the judgment of the Trial Court. In fact, the High Court has erred in emphasising that onus to prove his innocence was on the appellant. It could not be the requirement of law. In fact the prosecution has to prove its case beyond reasonable doubt. In the case of circumstantial evidence the burden on prosecution is always greater. In view of the above, the judgment and order of the High Court in Criminal Appeal is hereby set aside and judgment and order of the Trial Court is restored. The appellant be released forthwith if he is in custody and not wanted in any other case. The appeal is allowed accordingly.
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