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Supreme Court of India 2018-10-11 allowed

Uppala Bixam @ Bixmaiah vs State of Andhra Pradesh

Bench: 2 — Banumathi

In Brief

A shepherd died in a homicide on 27 January 2000. Prosecution alleged the appellant stole his sheep and murdered him, relying mainly on recovery of the dead body following the appellant's alleged confession. The trial court and high court convicted the appellant under Sections 302 and 201 IPC. The Supreme Court acquitted him. Finding no identification marks on recovered sheep, and noting the appellant had been acquitted of theft charges, the Court held that mere suspicion—even from body recovery—cannot establish guilt in circumstantial evidence cases. The sole motive having failed, murder conviction could not stand."

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Criminal Law Evidence Circumstantial Evidence Murder Theft Burden of Proof

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