Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | homicidal death. Indian Penal Code 1860 section. 302 201 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Evidence Act, 1872 (1 of 1872) Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860: ss. 302, 201--- Prosecution case was that appellant-husband strangulated his wife-deceased to death and buried her without informing and waiting for arrival of any of the relatives from the parental side of deceased-- Father of the deceased received information about the death of his daughter after 10 days and suspected foul play on part of appellant — Body was exhumed — Trial court acquitted the appellant holding that the prosecution has failed to prove charge --High Court convicted the appellant u/s.302 and 201 — On appeal, held: Medical evidence corroborated homicidal death of the deceased - Appellant was staying with his wife at the time of the death, it was for him to show as to in what circumstances she died particularly when prosecution has successfully proved that she died homicidal death — Prosecution witnesses deposed that the appellant used to beat the deceased and with the help of Sarpanch matter was attempted to be settled — Charge as against the appellant stood proved beyond all reasonable doubts that he committed murder of his wife and attempted to destroy the evidence by hurriedly getting buried the body — No reason to interfere with the order of the conviction passed by High Court — Evidence Act, 1872 -- s.106 Evidence Act, 1872: s.106 — Burden to prove--Death of a women — Held: It was only the husband-appellant who was staying with his wife at the time of her death to show as to in what manner she died particularly when the prosecution proved successfully that she died homicidal death.Criminal law: Acquittal by trial court — Interference by appellate court, scope of — Discussed — Penal Code, 1860 — ss. 302, 201--Words and phrases: ‘Strangulation’ — Meaning of. |
Judge | Hon'ble Mr. Justice Prafulla Chandra Pant |
Neutral Citation | 2016 INSC 346 |
Petitioner | Harijan Bhala Teja |
Respondent | State Of Gujarat |
SCR | [2016] 2 S.C.R. 203 |
Judgement Date | 2016-04-27 |
Case Number | 2031-2032 |
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