Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Homicidal death Circumstantial evidence |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860 - ss.302 & 404 - Homicidal death by ·strangulation - Conviction of appellant for killing his wife - Propriety - Held: Appellant had been doubting the character of his wife and therefore, had adequate motive to eliminate her - In spite of the fact that he had been in the same room, he failed to furnish any explanation as under what circumstances his wife was found dead - Particularly, in view of the fact that the courts below excluded the theory of suicide - Same conclusion stands fully fortified by the fact that the saree of deceased was lying in the comer of the room and the version given by the appellant that he had found his wife hanging with a saree around her neck and he cut the same by knife stands fully falsified as in such a fact-situation, part of the saree should have been found hanging with the ceiling of the room - Conduct of the appellant that· he had given a false information to his in-laws and while dead body was lying. in his house he stayed in a Guest House; and further that he had absconded from the city itself, suggest that he is guilty - Conviction of appellant accordingly upheld. Evidence - Circumstantial evidence - Appreciation - Held: In a case based on circumstantial evidence, where no eye- witness's account is available, when an incriminating circumstance is put to the accused and the said accused either offers no explanation for the same, or offers an explanation which is found to be untrue, then the same becomes an additional link in the chain of circumstances to make it complete.Evidence - Last seen theory - Duty of the accused to give explanation -Held: In cases where the accused has been seen with the deceased victim (last seen theory}, it becomes the duty of the accused to explain the circumstances under which the death of the victim has occurred. Evidence - Medical evidence - Strangulation - Proof of. |
Judge | Hon'ble Dr. Justice B.S. Chauhan |
Neutral Citation | 2013 INSC 357 |
Petitioner | Ravirala Laxmaiah |
Respondent | State Of A.p. |
SCR | [2013] 6 S.C.R. 511 |
Judgement Date | 2013-05-28 |
Case Number | 2038 |
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