Circumstantial Evidences

Bodh Raj and Ors. vs. State of Jammu and Kashmir (03.09.2026 - SC) : MANU/SC/0723/2002

Case Note:
Criminal- Indian Penal Code - Sections 120 B, 302 - The deceased was running a finance company and the accused took a huge loan from the deceased - The deceased attacked by some persons and the accused no. 1 and 2 remained silent spectators and left the scene of occurrence - Did not report the matter to the police - No direct evidence against the accused no. 1 & 2 - Evidence of prosecutor witness accepted - Both accused seen in the company of the deceased by employees of the deceased - Witnesses saw some scuffle between the deceased and the accused as the deceased was pressuring the accused to return the money - Some evidence brought to establish the motive i.e. indebtedness of the accused - Accused fired some gunshots in the air and the car in which the accused were there was stated to be a getaway car - Conviction by High Court does not warrant interference - Appeal dismissed

Criminal - Crime to be proved is not necessary must be seen to have been committed - Offence can be proved by circumstantial evidence - Evidence of various other facts which are so closely associated with the fact in issue that taken together they form a chain of circumstances from which the existence of principal facts can be legally inferred - Circumstances from which an inference as to the guilt of the accused drawn have to be proved beyond reasonable doubt