Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Conviction under IPC benefit of doubt s.302 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | 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 under – Prosecution case was that appellant had killed her husband by strangulation and with the help of co-accused persons (her brothers), thereafter, hanged the dead body in one of the rooms in the house, as if it were a case of suicide – The matter rested on circumstantial evidence where, according to the prosecution, the relations of the deceased (husband) and the appellant (wife) were too strained; the deceased had stated threat perceptions that his wife might kill him, for she was involved in illicit relations and was desirous of grabbing his property – PW-7 (brother of deceased) and PW-8 (sister of deceased) testified in support of the prosecution case – Trial Court convicted all the accused persons – However, the High Court found that circumstances brought on record were not sufficient against the brothers of the appellant and acquitted them but, affirmed the findings against the appellant – Appellant filed appeal before the Supreme Court – Held: Both the Trial Court and the High Court convicted appellant with reference to the testimony of PW-7 and PW-8 – A combined look at the testimony of PW-7 and PW-8 brings to the fore one of the significant facts that there was an ancestral house of the family and the same was sold by PW-7 alone and the sale proceeds were utilised by him in multiple ventures, which resulted in closure or failure – Appellant had stated categorically that the property and money were the root of discord in the family and the same was the cause for family of the deceased to implicate her – DW-3 also testified that the deceased had his tense moments because of money demands of his brother i.e. PW-7 – As per sketch prepared by PW-3, there was a bathroom-cum-toilet attached with room where deceased was putting up as per witnesses PW-7 and PW-8 – It belied the suggestion that deceased was forced to use the washroom of the tenant on the ground floor – Trial Court and High Court totally overlooked these factors – Strong elements of doubts surfaced on record as regard to the reliability of the PW-7 and PW-8 – Further, there was no direct and cogent evidence on record that the appellant was involved in illicit relations or was forcing the deceased to transfer property – Other prosecution witnesses did not even remotely indicate any traces of discord in the relations of the deceased and the appellant – Insofar as last seen together theory is concerned, the gap between the point of time when the appellant and deceased were last seen together (29.04.1997) and when the deceased was found died (01.05.1997) was not that small possibility of any other person being the author of the crime can be rendered totally improbable – That apart, the investigating agency and the prosecution were not forthright – The relevant aspects of crimes were not investigated properly and relevant witnesses like mother, daughter and brother-in-law of deceased were not examined – Further, investigating agency avoided independent witness in the investigation – In the circumstances, the benefit of doubt given to the appellant – Hence, conviction of the appellant u/s.302 set aside. |
Judge | Hon'ble Mr. Justice Dinesh Maheshwari |
Neutral Citation | 2019 INSC 1056 |
Petitioner | Smt. Gargi |
Respondent | State Of Haryana |
SCR | [2019] 13 S.C.R. 1 |
Judgement Date | 2019-09-19 |
Case Number | 1046 |
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