Code of Criminal Procedure, 1973 —Sec. 372 (2) & 313 —Power to examine accused- Indian Penal Code, 1860 —Sec. 302, 201, 203, 299, 300, 304& 404-Murder — Causing disappearance of evidence of offence or giving false information to screen offender — Giving false information respecting offence committed - Culpable homicide —Murder — Culpable homicide not amounting to murder —Dishonest misappropriation of property possessed by deceased person at time of his death - Indian Evidence Act, 1872 — Sec. 8 &165- Motive, preparation & previous or subsequent conduct — Judge's power to put questions or order production - Conviction & sentence - Challenged - Circumstantial evidence - FIR - Delay in - Autopsy - Delay in Conducting - Weapon of Offence — Recovery of -Last Seen Theory- Motive - Lack of- Burden of proof- Discharge of - Falsus in uno, falsus in omnibus- Conduct - Intention- Beyond reasonable doubt - Corpse of deceased recovered from room under power & possession of Appellant - Appellant unable to show, that deceased had gone somewhere else or seen with some other person(s) or where he himself was-Contention, last seen evidence not put to appellant u/S. 313, incorrect - Corpse found in decomposed state, not possible to determine exact time of death -Circumstances establish, deceased last seen in company of Appellant- Alleged illegal detention no ground to discard entire evidence, which is independent of it -Mobile purchased in name of deceased; its possession with Appellant; movement of mobile, its reactivation & finally its seizure, are circumstances pointing towards guilt of Appellant, for which no explanationhas come - PW-14 explained grounds for his opinion regarding use of weapon of offence at time of strangulation - Delay in registration of FIR, not fatal - Delay in conducting post-mortem, not fatal - Absence of motive not determinative, as chain of circumstances pointing towards guilt of Appellant is complete - Prosecution unable to prove that Appellant had intention on account of motiveto kill deceased - Appellant did not intended to cause death of deceased in manner provided u/S. 300- Conviction u/S. 302 converted to u/S. 304 - He is sole bread earner & has to look after his old & ailing parents - Conviction & sentence modified.
Held: (Paras 15-18,21, 34, 40, 45, 47, 55, 62-65& 68)
Result: Appeal partly allowed.