Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Evidence Act homicidal Death suicidal |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Criminal Law : Evidence Act, 1872 : Section 45 - Death - Suicidal or homicidal - Medical evidence suggested cause of death as smothering - Chemical Examiner's report suggested death due to poisoning also - Injuries on both legs of deceased suggested homicidal smothering - Held, under these circumstances death is homicidal and not suicidal. Section 27 - Discovery of fact - Incriminating articles - Recovery of - From a place, which was "open and accessible to others" - Admissibility of - It is not whether the place is accessible to others or not but whether it was ordinarily visible to others - If it is not, then it is immaterial that the concealed place is accessible to others - Discovery of fact is not the object recovered but the knowledge of the accused about it. Disclosure statement - Not made in the presence or hearing of witnesses - Admissibility of - Held, admissible. Sections 25 and 27 - Inculpatory statement - Admissibility of - Held, even inculpatory statement given to the police is admissible. Penal Code, 1860 : Section 302 - Death - By poisoning or smothering - Held, in the circumstances of the case, it is more realistic to conclude that death is homicidal either by poisoning alone or by smothering alone or that both causes worked independently and reached the common result. Criminal Trial : Motive - Deceased-wife had white patches in her body - Accused-husband mistook it as a kind of leprosy resulting in his dislike for her - Deceased was smothered after administering poison - Held, in the circumstances of the case, motive adequately established. Words and Phrases : "Discovery of fact" and "whether it amounts to confession or not" - Meaning of - ln the context of S. 27 of the Evidence Act, 1872. |
Judge | Hon'ble Mr. Justice K.T. Thomas |
Neutral Citation | 1999 INSC 104 |
Petitioner | State Of Himachal Pradesh |
Respondent | Jeet Singh |
SCR | [1999] 1 S.C.R. 1033 |
Judgement Date | 1999-03-15 |
Case Number | 263 |
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