MUNU SEN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) A passerby saw a dead body lying on the bank of a pond near the temple, which was informed to the police. The dead body was identified and on post-mortem, it was revealed that the person died of hemorrhagic shock and a number of wounds were seen all over the body, which were bleeding. That the death was homicidal has been established unequivocally. Whether the charge of murder against the appellant herein can be sustained is the only question.

(2.) We heard Ms. Shamshravish Rein, learned Amicus Curiae appearing for the appellant and Ms. Sugandha Jain, learned Standing Counsel appearing for the State.

(3.) The only evidence on which the appellant was convicted was of the last seen theory spoken of by PWs 1 to 4. The High Court found that the last seen theory being strong enough, conviction as entered by the Trial Court is justified; with which we cannot concur.