10/10/2020
_*09-10-2020-Important Points All High Court And Supreme Court Civil & Criminal:- 7291891911*_
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_*[ A ]:- Section 302 IPC Murder Circumstantial evidence Motive of accused not proved beyond reasonable doubts Family members of accused did not utter a single word regarding crime nor did anybody talk about so-called love affairs with another girl as propounded by prosecution - No sign of skirmishes reported during day to day life and even complete absence of any kind of dressing up theory on part of accused Investigating Officer failed to corroborate prosecution story Only seizing weapon used in crime and other articles failed to prove murder at instance of accused Entire circumstantial evidence half-baked and seems to be more fictionalised Case of prosecution also dotted with probabilities and failed to go beyond mere suspicion Thus, prosecution failed to prove charge against accused Therefore, order of conviction set aside Hence, order of acquittal of accused. [Para 26]*_
_*Prakash v/s State of Orissa CRA-183/1999 [ S PANDA JJ ]*_
_*[ ORISSA HIGH COURT ]*_
