A. Indian Evidence Act, 1872 (1 of 1872), Section 8 – Motive -- Motive on its own cannot make or break the prosecution case.

(Para 25)

B. Indian Evidence Act, 1872 (1 of 1872), Section 106 -- Indian Penal Code, 1860 (45 of 1860), Section 302 -- Murder – Last seen evidence – Time gap – Relevant factor – It is a vital link in the chain of other circumstances but on its own strength it is insufficient to sustain conviction unless the time-gap between the deceased being last seen alive with the accused and recovery of dead body of the deceased is so small that possibility of any other person being the author of the crime is just about impossible -- Where the time-gap is large, intervening circumstances including act by some third person cannot be ruled out -- In such a case, adverse inference cannot be drawn against the accused merely because he has failed to prove as to when he parted company of the deceased.

(Para 26)

C. Indian Evidence Act, 1872 (1 of 1872), Section 106 -- Indian Penal Code, 1860 (45 of 1860), Section 302 -- Murder – Last seen evidence – Walking in public street -- Time gap – Effect of -- No evidence led by the prosecution to demonstrate that the place where the deceased was last seen alive with the accused was near the place from where deceased’s body was recovered -- Further, the time gap between 4.30 PM of 2.2.1997 and 8.30 AM of 3.2.1997 (i.e., when the dead body was recovered) is so large that third party hand in the crime cannot be ruled out -- If two or more persons are seen walking on a public street, either side by side, or behind one another, it is not such a circumstance from which it may be inferred with a degree of certainty that those were together or in company of each other -- Likewise, a person may exchange pleasantries with another person walking on the path, but that by itself is not sufficient to infer that the two are in company of each other – Last seen circumstance not of a definite tendency unerringly pointing towards the guilt of the accused-appellants – Appellants acquitted.

(Para 27, 41)

D. Indian Evidence Act, 1872 (1 of 1872), Section 27 -- Disclosure Statement – Recovery -- Disclosure statement not admissible in evidence because the alleged discovery was not made pursuant to that statement -- Disclosure statement was recorded at the police station whereas recovery was made from the place pointed out by the accused enroute to the police station -- It was, therefore, a case of recovery from the place allegedly pointed out by the accused and not based on a disclosure statement.

(Para 37)