Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860- s.302 - Death of appellant's wife due to cyanide poisoning |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860- s.302 - Death of appellant's wife due to cyanide poisoning - Allegation that appellant had mixed up cyanide in a cold drink bottle of Limca and given it to his wife to drink - Trial Court held that the prosecution had failed to prove the guilt of the appellant beyond all reasonable doubts and, therefore, acquitted him of the charge under s.302 - Appeal by State Government - High Court reversed the judgement of acquittal and, convicted the appellant under s.302 and sentenced him to rigorous imprisonment for fife -Justification of - Whether on the basis of the materials on record, the view taken by the trial Court, was so wrong and unreasonable as to warrant interference and reversal by the High Court - Held: There was hardly anything in the prosecution evidence to establish the charge against the appellant - The facts and circumstances of the case may give rise to a strong suspicion against the appellant but suspicion, howsoever strong, cannot take place of proof - Testimony of PW6 (on the issue of appellant mixing up cyanide in the cold drink bottle of Limca and giving it to the deceased to drink was not reliable - Prosecution case on recovery of the Limca bottle from the residence of appellant was also highly suspect.There was no proof of the appellant's guilt and on the basis of the evidence on record it would be quite unsafe to hold him guilty of murder and to send him to imprisonment for life.Trial court had taken the perfectly correct view in the matter- High Court arrived at a completely erroneous conclusion |
Judge | Hon'ble Mr. Justice Aftab Alam |
Neutral Citation | 2011 INSC 12 |
Petitioner | M. Nageshwar Rao |
Respondent | State Of Andhra Pradesh |
SCR | [2011] 1 S.C.R. 608 |
Judgement Date | 2011-01-05 |
Case Number | 1449 |
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