Penal Code, 1860 ~ s. 302/34 — Murder — Prosecution case that two foreign nationals committed murder of another foreign national on their trip to India as tourists — Offence took place inside the privacy of the hotel! room in which the appellant and the deceased were staying together and only the appellants had the opportunity to commit the offence — Appellants’ case is that at the relevant time they had gone out and on returning back to the hotel-room found the condition of their friend very serious and immediately informed the hotel manager about the same and with the assistance of the hotel staff, took him to the hospital — On basis of the evidence, conviction and sentence u/s. 302/34 by courts below - On appeal, held: On facts, CCTV footage being a crucial piece of evidence, it is for the prosecution to have produced the best evidence which is missing — Non-production of CCTV footage being best evidence casts doubt on the prosecution case — Courts below did not notice the faulty investigation as also the absence of symptoms of strangulation in the medical reports ~ Circumstances and the evidence adduced by the prosecution do not form a complete chain pointing to the guilt of the accused — Appeliants given benefit of doubt and the order of conviction set aside — Evidence.
Evidence Act, 1872 — s. 65B — Admissibility of electronic records — Murder case — CCTV cameras installed in the prominent places ~ CCTV footage — Effect of non-production ~ Held: CCTV footage is a strong piece of evidence to prove