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2015 (1) TMI 1307 - SC - Indian LawsConviction of the appellants under Section 302 read with Section 34 IPC and the sentence of life imprisonment and fine of ₹ 25,000/- imposed on each of them - Held that:- In the present case, the courts below have not properly appreciated the evidence and the gap in the chain of circumstances sought to be established by the prosecution. The courts below have ignored the importance of best evidence i.e. CCTV camera in the instant case and also have not noticed the absence of symptoms of strangulation in the medical reports. Upon consideration of the facts and circumstances of the case, we are of the view that the circumstances and the evidence adduced by the prosecution do not form a complete chain pointing to the guilt of the accused and the benefit of doubt is to be given to the accused and the conviction of the appellants is liable to be set aside. In the result, conviction of the appellants under Section 302/34 IPC is set aside and the appeal is allowed.
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