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2022 (12) TMI 1455 - SC - Indian LawsMurder - acquittal of the accused - prove beyond reasonable doubt - circumstantial evidence - HELD THAT:- Undisputedly, the present case is a case based on circumstantial evidence - It has been held by this Court in a catena of cases including SHARAD BIRDHI CHAND SARDA VERSUS STATE OF MAHARASHTRA [1984 (7) TMI 401 - SUPREME COURT], that suspicion, howsoever strong, cannot substitute proof beyond reasonable doubt. In the present case, if the evidence of Jagdish Chander (PW - 4) is to be appreciated wherein he has stated that the Accused came to his house and informed him that he has killed the deceased-Om Prakash, such statement does not find any mention in the oral report. Apart from this, the delay of 14 hours in lodging the oral report has not been sufficiently explained. The only witness of the last seen theory, i.e. PW-5, has turned hostile and has thus been disbelieved. Apart from that, the trial court disbelieved the very same evidence in so far as the other four Accused were concerned. The said acquittal has also been found to be valid by the High Court. The High Court as well as the trial court were not justified in convicting the Appellant. The appeal is allowed
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