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    <title>1938 (8) TMI 20 - MADRAS HIGH COURT</title>
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    <description>In a circumstantial evidence prosecution for murder, the prosecution must first prove beyond reasonable doubt that the death was caused by a homicidal act. Where medical evidence does not conclusively distinguish homicide from suicide, and the chain of circumstances does not establish that a crime was committed, the burden does not shift to the accused merely because some facts may be within his special knowledge. Suspicion based on post-occurrence conduct cannot fill the gap in proof, and where two reasonable inferences arise, the one favourable to the accused must be adopted unless clearly displaced by reliable evidence. On these principles, the murder conviction could not stand.</description>
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    <pubDate>Mon, 08 Aug 1938 00:00:00 +0530</pubDate>
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      <title>1938 (8) TMI 20 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=287864</link>
      <description>In a circumstantial evidence prosecution for murder, the prosecution must first prove beyond reasonable doubt that the death was caused by a homicidal act. Where medical evidence does not conclusively distinguish homicide from suicide, and the chain of circumstances does not establish that a crime was committed, the burden does not shift to the accused merely because some facts may be within his special knowledge. Suspicion based on post-occurrence conduct cannot fill the gap in proof, and where two reasonable inferences arise, the one favourable to the accused must be adopted unless clearly displaced by reliable evidence. On these principles, the murder conviction could not stand.</description>
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      <pubDate>Mon, 08 Aug 1938 00:00:00 +0530</pubDate>
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