Supreme Court of India · 2008-07-15
Nur Islam Khan vs State Of West Bengal
- Court
- Supreme Court of India
- Petitioner
- Nur Islam Khan
- Respondent
- State Of West Bengal
- Bench
- Harjit Singh Bedi, B.N. Agrawal
Judgment text excerpt
The Supreme Court held that a conviction under Section 302 IPC based solely on the circumstance of the deceased being last seen with the appellant is insufficient for establishing guilt, as it does not constitute a complete chain of circumstantial evidence. The Court found that the High Court erred in upholding the conviction without a robust evidentiary basis. Consequently, the appeal was allowed, the conviction and sentence were set aside, and the appellant was acquitted and ordered to be released.