Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | administering poison Section 302 IPC Plea of leniency |
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(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860: s.302 — Conviction based on circumstantial evidence and imposition of life imprisonment - Murder of pregnant wife by administering poison — Conviction by trial court, set aside by appellate court -— States appeal against acquittal — Held: Accused failed to explain the injuries on the person of the victim-deceased including swelling on the womb when admittedly he was in the company of the deceased — Injury on the front part of body was strong circumstance to show that deceased was subjected to violence before she succumbed due to poisoning - There was overwhelming evidence indicating that the behaviour of the accused towards the deceased was not proper and he used to frequently beat her — The conduct of accused in not opening the door when neighbours came hearing the shrieks of deceased and in not tuking her to hospital also pointed towards guilt of the accused - Neighbours stated that on being asked what had happened, deceased raised the hand towards the accused — Moreover, there was evidence to show purchase of Nivan poison by accused few days before the incident ~ The conduct of the accused und gesture of the victim at the crucial time as projected in the case, medical evidence, evidence as to purchase of poison unerringly point towards the guilt of the accused ~ Order of conviction passed by trial court was based upon proper appreciation of evidence, the circumstances found established by trial court has been unnecessarily doubted and brushed aside lightly by the High Court — Order of conviction restored. Sentence/Sentencing: Plea of leniency ~ Murder of pregnant wife — Plea that son aged 17 years old residing with the accused - Held: That cannot be a ground so as to show any leniency in such kind of offence, particularly when the accused had not cared and caused death of his wife who was pregnant, carrying 8 months child whose foetus was recovered from her womb ~ He had kicked the |
Judge | Hon'ble Mr. Justice Arun Mishra |
Neutral Citation | 2016 INSC 384 |
Petitioner | State Of Hlmachal Pradesh |
Respondent | Rajiv Jassi |
SCR | [2016] 2 S.C.R. 468 |
Judgement Date | 2016-05-06 |
Case Number | 771 |
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