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Guna Mahto vs. State of Jharkhand (SC)

48.00 4.80

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Penal Code, 1860–Secs. 302 & 201–Conviction–Establishment–Circumstantial evidence–Allegation of committing the murder of wife and dumping the dead body in well–Investigation Officer was not examined–No evidence relating the factum of the accused having caused the disappearance of evidence–Offence u/s. 201 could not have been proven without examination of the Investigation Officer–No cogent evidence of last seen–No discovery of any fact linking the accused to the crime sought to be proved, much less, established by the prosecution beyond reasonable doubt–Findings are based on incorrect and incomplete appreciation of evidence–Set aside.