IQBAL Vs. STATE OF M.P.

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 6 -4 -1991 passed by the learned Additional Sessions Judge, Narsinghpur in Sessions Trial No. 115/89, convicting the appellant under section 302 of the Indian Penal Code (in short the 'IPC') and sentencing him to undergo life imprisonment, the appellant has preferred this appeal.

(2.) THE circumstances from which an inference of guilt is sought to be drawn, must be cogently and firmly established; (2) those circumstances should be of a definite tendency unerringly pointing towards the guilt of the accused; (3) the circumstances, taken cumulatively, should form a chain so complete that there is no escape from the conclusion that within all human, probability the crime was committed by the accused and none else. The circumstantial evidence in order to sustain conviction must also be complete and incapable of explanation of any other hypothesis than that of the guilt of the accused. The circumstantial evidence should not only be consistent with the guilt of the accused but should be inconsistent with his innocence.