Nur Islam Khan Vs.
State of West Bengal  INSC 1134 (15 July 2008)
JURISDICTION CRIMINAL APPEAL NO.799 OF 2007 Nur Islam Khan ...Appellant(s)
Versus State of West Bengal ...Respondent(s) O R D E R Heard learned counsel
for the parties.
The sole appellant
was convicted by the Trial Court under Section 302 of the Indian Penal Code,
1860 [hereinafter referred to as "I.P.C."] and sentenced to undergo
imprisonment for life. On appeal being preferred, the High Court confirmed the
conviction. Hence, this appeal by special leave.
Undisputedly, in the
present case, there was no eye-witness to the alleged occurrence but the same
is based upon circumstantial evidence. The only circumstance on the basis of
which the conviction is based is that the deceased was last seen with the
appellant which, in our view, alone could not have been a ground to convict the
accused on the basis of circumstantial evidence. It is well-settled that, in a
case of circumstantial evidence, conviction can be based only if there is
complete chain of circumstances. In the present case, there is a solitary
circumstance much less chain of ...2/- -2- circumstance which could not form
the basis of conviction. This being the position, we are of the view that the
High Court was not justified in upholding the conviction of the appellant.
appeal is allowed, conviction and sentence of the appellant are set aside and
he is acquitted of the charge.
The appellant, who is
in custody, is directed to be released forthwith, if not required in connection
with any other case.
SINGH BEDI] New Delhi, September 09, 2008.