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 - Murder ofmarrifJcJ . woman - Circumstantial evidence |
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 - s. 302 - Murder ofmarrifJcJ . woman - Circumstantial evidence - Appreciation of - Conviction of appellant-husband by Courts below - Sustainal1iUty - Held: and this Sustainable - Appellant was unhappy with his resulted in quarrels between them off and on ;. Qi.Jarrel took place even in the evening preceding the date of the death - On the fateful night, when deceased was killed by means of a Kulhari, except the appellant, nobody was residing in the said house - Therefore, deceased could not be killed as a result of assault by anybody else other than the appellant - Conduct of the appellant in ,the next morning was unnatural - He failed to explain as to where he remained on the. fateful night/- The Investigation Officer, (PW-6) clearly stated tha·t at the instance of appellant, Kulhari used in the crime was recovered - Medical Officei, PW-7, ·in his examination in chief • stated .that ante mortem injurif(JS on the person of the deceased could have been caused by heavy sharp-~dged weapon such as Kulhari - PW-4 stated that door of the house of appellant was not bolted from inside - This is one of the .. incriminating circumstances to conclude that appellant after committing the offence opened the door and went out - Statements of PW-1-mother of appellant, PW-4- Pradhan and PW-2- sister-in-law also suggest that appellant was last seen with the deceased - All the circumstances taken together lead to only hypothesis of the· guilt of appellant - Chain of circumstantial evidence relied upon by the prosecution complete to hold appellant guilty u/s.302 !PC. |
Judge | Hon'ble Mr. Justice S.J. Mukhopadhaya |
Neutral Citation | 2014 INSC 478 |
Petitioner | Khim Singh |
Respondent | State Of Uttarakhand |
SCR | [2014] 8 S.C.R. 239 |
Judgement Date | 2014-07-08 |
Case Number | 1986 |
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