A division bench of Supreme Court comprising of Justices L Nageswara Rao and Deepak Gupta acquitted a person wrongfully accused of murder nearly 36 years after he was first convicted.
It was concluded by both Trial court and Calcutta High Court that the appellant was guilty of murdering the deceased back in 1984. Ultimately it was found by the Supreme Court that the case against the appellant-accused, based on circumstantial evidence, was weak and did not conclusively prove that his involvement in any crime.
Applying the principles outlined in Anjan Kumar Sharma vs . State Of Assam for the adjudication of cases founded on circumstantial evidence the Supreme Court found that the prosecution had not definitively established that the appellant was even last seen together with the deceased.
Since the prosecution had failed to prove the appellant's culpability, the Supreme Court allowed the appeal and accordingly set aside the judgment of the High Court.
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