Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 304-B and 498A 201 Penal Code 1860 — ss. 302/34 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860 — ss. 302/34, 201, 304-B and 498A — Murder of young bride — Within six months of marriage — Body chopped off into two pieces and thrown in the Park — Blood stains found in the matrimonial house — Pws 1 to 5 had seen one of the accused (mother-in-law) throwing the dead body in the park — Charge-sheet against husband, father-in-law, mother-in-law and brother-in-law of the deceased - Defence plea that the deceased had gone to her relative’s place and thereafter, she was missing — Brother-in-law discharged ~ Husband, father-in-law and mother- in-lay convicted by trial court — Conviction affirmed by High Court — Appeal in Supreme Court by mother-in-law withdrawn ~— Present appeal by the husband and father-in-law — Held: Present is a case of circumstantial evidence — The chain of circumstances proved on record against the appellants-accused are complete ~ The defence version has also been proved to be false, which is an additional link in the chain of circumstances ~ it is proved that the appellants- accused had common intention with the co-accused (mother-in-law) in the commission of brutal murder of the deceased — Coiviction confirmed. Evidence Act, 1872 - s.106 — Burden of proof —‘Where an offence like murder is committed in secracy, inside the house, though the initial burden is on the prosecution, but such burden would be lighter ~ There is corresponding burden on the accused to explain as to how the death has occurred. |
Judge | Hon'ble Mr. Justice Prafulla Chandra Pant |
Neutral Citation | 2016 INSC 464 |
Petitioner | Jamnadas |
Respondent | State Of M.p. |
SCR | [2016] 5 S.C.R. 599 |
Judgement Date | 2016-06-29 |
Case Number | 156 |
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