Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860: ss. 302 and 436 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860: ss. 302 and 436 – Murder – Fire incident at mid-night wherein house of appellant and her family engulfed in flames – Appellant-second wife came out of the house unscathed, whereas the first wife and her two children caught by flames and two of them died later – Conviction and sentence of the appellant u/ss. 302 and 436 by the courts below, though her husband and her mother-in-law acquitted by the trial court – On appeal, held: Links in the chain of circumstances is necessary to be established for conviction on the basis of circumstantial evidence – Mere suspicion would not be sufficient, unless the circumstantial evidence tendered by the prosecution leads to the conclusion that it “must be true” and not “may be true” – Courts below made suspicion the reason for rendering conviction without there being any strong basis – Suspicion, however strong, cannot take the place of proof – As regards the circumstance which raise a doubt that the appellant was not injured in the incident, it is to be noted that the natural human conduct is that when there is any incident or accident the immediate reaction is to get away from the scene and save oneself – It cannot be a circumstance to hold a person guilty of a serious crime as murder unless the other circumstances in the chain point to the guilt of the accused – Circumstances in the chain are not established, the same cannot be held against the appellant – In view thereof, the appellant to be given the benefit of doubt – Thus, the order of conviction cannot be sustained and is set aside – Evidence. |
Judge | Hon'ble Mr. Justice Ajjikuttira Somaiah Bopanna |
Neutral Citation | 2021 INSC 393 |
Petitioner | Parubai |
Respondent | The State Of Maharashtra |
SCR | [2021] 8 S.C.R. 135 |
Judgement Date | 2021-08-10 |
Case Number | 1154 |
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