20
is settled law that the only circumstance of last
seen will not complete the chain of circumstances
to record the finding that it is consistent only with
the hypothesis of the guilt of the accused and,
therefore, no conviction on that basis alone can be
founded".
42. In Kanhaiya Lal v. State of Rajasthan, (2014) 4 SCC, 715, the
Court has reiterated that the last seen together does not by itself lead
to the inference that it was the accused who committed the crime. It
is held thus:
"12. The circumstance of last seen together does
not by itself and necessarily lead to the inference
that it was the accused who committed the crime.
There must be something more establishing connectivity between the accused and the crime. Mere
non-explanation on the part of the appellant, in
our considered opinion, by itself cannot lead to
proof of guilt against the appellant".
43. PW-8 in her evidence has stated that the accused had come one
day before in the night, and next day, Amrika, Mala, Badi Amma,
Amma and Kondi Didi had died.
She is a child witness.
We have
already noticed that she has not witnessed the incident. PW-1 in his
evidence says that PW-8 had come to his house at 2.00 to 2.30 P.M.
and informed him about the death of the deceased persons. PW-8 has
not disclosed the identity of the appellants to PW-1. That is why the
FIR was registered against unknown persons. We have also noticed
the inconsistencies in her evidence apart from the fact that the other
children present in the house on that day were not examined. There is
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