Criminal trial - A theory of "accused last seen in the company of the deceased" is a strong circumstance against the accused while appreciating the circumstantial evidence - In such cases, unless the accused is able to explain properly the material circumstances appearing against him, he can be held guilty for commission of offence for which he is charged.
(ii) Criminal Procedure Code, Section 313 - The appellant, , failed to explain any circumstances brought out in the evidence and merely denied his involvement in the crime - It was necessary for the appellant to have explained the circumstances appearing against him in the proceedings under Section 313 of the Code.
We find from the evidence eight circumstances appearing against the appellant. These circumstances are: First motive was against the deceased due to his not agreeing to the proposal of marriage of Kumar with his daughter; Second, the appellant and Kumar, both being the cousins, knew each other very well; Third, both went together to the house of the deceased to invite him for a dinner at Kumar’s house; Fourth, all the three had dinner together at Kumar’s house; Fifth, Murugan died immediately after dinner; Sixth, Kumar gave his confessional statement; Seventh, recovery of weapon and cloths at the instance of Kumar; and Eighth, the dead body was found lying near iron cot where Murugan(deceased) had last dinner with Kumar and the appellant
(2018)2 SCeJ 1042