Tag: CIRCUMSTANTIAL EVIDENCE

State of NCT of Delhi Vs Shiv Charan Bansal & Ors – 05/12/2019

SUPREME COURT OF INDIA JUDGMENTS

Order of Discharge-Sections 120B, 302, 201 r.w. S.34 IPC and Sections 25, 27, 54, 59 of the Arms Act- In the present case, on account of the inconsistency in framing charges by the Sessions Court against the six accused, the trial has got truncated. The trial with respect to three accused i.e. Sachin Bansal, Narendra Mann, and the alleged contract killer – Joginder Singh Sodhi has proceeded in the absence of the other three accused viz. Shiv Charan Bansal, Lalit Mann and Shailendra Singh.

Devi Lal Vs. State of Rajasthan-8/01/2019

SUPREME COURT OF INDIA JUDGMENTS

the circumstances from which the conclusion of guilt is to be drawn should be fully established. It may be noted here that this Court indicated that the circumstances concerned “must or should” and not “may be” established. There is not only a grammatical but a legal distinction between “may be proved” and “must be or should be proved”

Chandra Bhawan Singh Vs. State of Uttar Pradesh-1/05/2019

It is a settled principle of law that when the Courts below have recorded concurrent findings against the accused persons which are based on due appreciation of evidence, this Court under Article 136  of the Constitution of India would be slow to interfere in such concurrent findings and secondly would not appreciate the evidence de novo unless it is prima facie shown that both the Courts below did not either consider the relevant piece of evidence or there exists any perversity or/and absurdity in the findings recorded by both the Courts below etc.