- (1.)xxx xxx xxx.
(2.)The law of circumstantial evidence is well settled by catena of decisions of the Supreme Court. The circumstantial evidence means combination of facts creating a net without there being any tear through which the accused can escape. The circumstantial evidence is just like a rope made of many strands to stay together. The rope has strength more than sufficient to bear the stress laid upon it though no one of the filaments of which it is composed would be sufficient for that purpose. Circumstantial evidence is evidence of relevant facts from which one can by a process of intuitive reasoning infer about the existence of facts in issue. Essential ingredients to prove guilt of an accused by circumstantial evidence are : (i) the circumstances from which the conclusion is drawn, should be fully proved, (ii) the circumstances should conclusive in nature, (iii) all the facts so established should be consistent only with hypothesis of guilt and inconsistent with innocence of accused, and (iv) the circumstances should, to a moral certainty, exclude the possibility of guilt of any person other than an accused. It is also well settled that in case of circumstantial evidence totality and cumulative effect of various incriminating circumstances have to be taken into consideration while judging guilt or innocence of the accused.
(3.)xxx xxx xxx.
Appeal dismissed.