Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | death trial criminal |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Indian Penal Code, 1860: Sections 34, 201, 203 and 302- Death of wife due to severe bums- Husband pleading innocence-Claiming it to be suicide--Circumstantial evidence complete and consistent that husband and his family members committed the offence-Conduct of accused-Unnatural, indifferent and hard-hearted- All accused acquitted by trial court-High Court reversing and convicting the husband alone- Conviction and sentence- Validity of.Criminal Procedure Code, 1973: Section 313-Death caused while in custody of accused-Plausible 6 explanation for cause of death-Need to be given in the statement. Section 161: Criminal trial-Delay in recording statement of witness-Whether and in what circumstances renders the evidence doubtful-Need for scanning the evidence carefully. At the residence of the appellant, his wife was found dead with severe burns. The appellant, his parents, sister, maternal uncle and the uncle's daughter were charged with the offence of murder and tried under section 302 read with section 34 and sections 201 and 203 read with section 34 IPC, though initially the case was registered under section 306 read with section 34 IPC. The Trial Court acquitted all the accused. On appeal the High Court convicted the appellant alone under sections 302 and 201 IPC and sentenced him to undergo rigorous imprisonment for life and three years imprisonment respectively, against which the appellant has preferred the present appeal. On behalf of the appellant, it was contended that it was a case of suicide as no kerosene was found in the house except in the room where the death occurred; that the door to the room from stairs was not closed from outside and in case of murder, the deceased could have run away from the room opening the latch; that the deceased was determined to commit suicide for humiliation caused to her on account of her not being allowed to go to the house of her sister; and that there were no signs of external injuries. It was also contended that since the prosecution all through proceeded on the assumption that the appellant abetted suicide, suddenly it could not be said to be a case or murder. It was also contended that since all the other accused have been acquitted, the appellant could not be convicted under section 302 IPC. |
Judge | Hon'ble Mr. Justice K. Ramaswamy |
Neutral Citation | 1992 INSC 107 |
Petitioner | Ganeshlal |
Respondent | State Of Maharashtra |
SCR | [1992] 2 S.C.R. 502 |
Judgement Date | 1992-04-10 |
Case Number | 732 |
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