Accused's Act Of Absconding Alone Doesn't Establish His Guilt: Allahabad HC Sets Aside Conviction In 25 Year Old Murder Case
Live LawSetting aside a conviction in a 25-year-old murder case, the Allahabad High Court has observed that only on the basis of the absconding of the accused, he cannot be held to be guilty. The trial court relied upon the recovery of the crime weapon axe, under section 27 of the Evidence Act, coupled with the conduct of the accused in recovering his Pyjama and shirt, which he was allegedly wearing at the time of the incident, from his house, kept in a box and held that the chain of circumstances stood complete. Challenging his conviction, he moved the High Court contending that the alleged recovery of the axe and clothes of the accused from his house kept in a box have not been proved as required under section 27 of the Indian Evidence Act as well and cannot be said to be relevant under sec. However, the Court added that the accused's conduct alone, though it may be relevant under Section 8 of the Act, cannot form the basis of conviction. “Even from the entire evidence it can not be said that in all human probability act must have been done by the accused particularly when there were two other male members in the family present in the house at the time of incident and the instant case, being the case of a blind murder,” the Court said.