April 25, 2022

Evidence Of Last Seen Together By Itself Not Conclusive That Death Was At Hands Of Accused

  • COURTBombay High Court Aurangabad Bench
  • TITLE/CORAM GANESH v. THE STATE OF MAHARASHTRA HMJ Smt. Sadhana S. Jadhav
    HMJ S.G Dige
    Criminal Appeal No. 117 of 2015

The Court was hearing an appeal against a judgement where the accused, appellant herein, was convicted for the offence punishable under section 302 of IPC and sentenced to suffer rigorous imprisonment for life by the Additional Sessions Judge. The Court after considering the admitted facts, observed that it is clear that the accused and the deceased were last seen in the company of each other by a P.W but held that the evidence of 'last seen together' by itself would not lead to the conclusion that the death was at the hands of the accused.

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