Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | s. 313: 1973 Penal Code 1860 s.302/Code of Criminal Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Penal Code, 1860; s.302/Code of Criminal Procedure, 1973; s. 313:Murder - Husband allegedly shot dead his wife - F.I.R. - Recovery of revolver from the place of incident with smoke coming out - Trial Court found accused guilty of committing murder of his wife and sentenced him imprisonment for life - Reversed by High Court - On appeal, Held: No positive defence taken by accused, only a suggestion given that deceased might have been killed by an outsider - In the event, death would have been caused by an outsider, accused would have pointed it out to her mother-in-law/neighbours/PW1 present there and also would have offered his explanation to IO but he did not do so - Ext. 7, a letter proved to be in handwriting of accused whereby deceased was warned of grave consequences even to the extent of killing - At the time of incident, accused and deceased were present in the same room - Nature of gun shot injury on deceased shows that it must have been inflicted by a person who intended to kill her at short distance - Strained relations between accused and deceased - Trial Court rightly found suicide theory wholly improbable in the facts and circumstances of the case - Accused brought a revolver with him, which shows that he wanted to kill the deceased - Thus, in the facts and circumstances of the case, guilt of accused proved beyond all reasonable doubt. Constitution of India, 1950-Article 136: Jurisdiction of Supreme Court - Judgment of acquittal delivered by High Court when two views are possible - Interference with - Held: High Court failed to take into consideration relevant facts and misapplied legal principles - Hence, it is a fit case for this Court to exercise jurisdiction under Article 136 of the Constitution. Daughter of the appellant was married to respondent No. 2, a driver employed in Tata Engineering Locomotive Company (TELCO). Allegedly, the accused-husband had an affair with a woman, because of that there was a strained relationship between them. The wife was staying either at her maternal grandfather's residence at Calcutta or at her father's residence at Giridih. A day before the incident, accused-husband came to his father in Law's house to take her with him. On the next day, he allegedly shot her dead. Father of the deceased lodged an FIR. Investigating Officer found a revolver from the room where the incident took place and noticing smoke coming out from it. Accused was arrested. Trial Court found him guilty of committing murder of his wife and sentenced him to undergo rigorous imprisonment for life. On appeal, High Court observed that the circumstances obtaining in the prosecution case could not be said to have connected all the links in the chain and there was no eye witnesses to the crime and acquitted the accused. Hence the present appeal filed by the father of the deceased. Appellant-State contended that the judgment of the High Court suffers from a manifest error insofar as it failed to take into consideration that not only the motive but also all other links in the chain of circumstances have been proved by the prosecution.Allowing the appeal |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 3 |
Petitioner | Raj Kumar Prasad Tamarkar |
Respondent | State Of Bihar And Anr. |
SCR | [2007] 1 S.C.R. 13 |
Judgement Date | 2007-01-04 |
Case Number | 932 |
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