NDLI: Dev Kanya Tiwari Vs. The State of U.p.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1860 – s. 302 r/w. s.34 Penal Code
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 Allowed
Headnote	Penal Code, 1860 – s. 302 r/w. s.34 – Prosecution case that brother of complainant-PW-5 was killed by his wife and in-laws – Defence plea that the deceased had committed suicide by consuming poisonous tablets – During the pendency of trial, accused-wife of deceased passed away – Trial court convicted accused-appellant (mother-in-law of deceased) u/s.302/34 – High Court affirmed the conviction of the accused-appellant – On appeal, held: In instant case, a complaint was already lodged by the other accused-wife of the deceased, prior to the complaint lodged by PW-5 – As per that complaint, deceased informed the Dr. ‘H’ that he had consumed poisonous tablets and requested him not to save his life – In their depositions, PW1, PW2 and PW3 also affirmed these facts – If two views are possible basing on the evidence adduced in the case, one pointing to the guilt of the accused and other to the innocence of accused, the view which is favorable to the accused should normally be adopted – In instant case is entirely based upon circumstantial evidence – The prosecution miserably failed to establish the chain of events, which point out at the guilt of the accused – The presence of blisters all over the body of the deceased and his nails turning into bluish colour, no mark of fingers on the body of the deceased as noted in the postmortem report and presence of PW-5 (complainant) at the time of panchanama without any objection, non-examination of a Dr. ‘H’, the corroborative statements by most of the prosecution witnesses and that of I.O. to whom Dr. ‘H’ also disclosed that deceased had consumed poison, all these circumstances form ample evidence to strengthen the case of the accused that the deceased committed suicide – In the peculiar circumstances of the case, not safe to convict the accused u/s.302.
Judge	Honble Mr. Justice N.V. Ramana
Neutral Citation	2018 INSC 228
Petitioner	Dev Kanya Tiwari
Respondent	The State Of U.p.
SCR	[2018] 4 S.C.R. 281
Judgement Date	2018-03-12
Case Number	720

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