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SUDHANSHU DHULIA, K. VINOD CHANDRAN
Jagdish Gond – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
(K. Vinod Chandran, J.)
1. The death; not unequivocally proved to be a murder, of a young woman, married for two years, led to the prosecution of her husband and in-laws. The Trial Court acquitted all the three accused finding the death to be a suicide and holding that there was absolutely no circumstance pointing to the guilt of the accused. The High Court; on appeal by the State, against the acquittal, upheld the acquittal of the in-laws but convicted the husband under Section 302 of the Indian Penal Code, 1860 (hereinafter, ‘the IPC’) and sentenced him to life imprisonment.
2. On facts regarding the incident, suffice it to notice that the husband, on returning from work, found his wife lying supine on the cot inside their house. The accused immediately informed his parents; living nearby and also the Police Station at Mulmula, District – Janjgir, Champa, where it was recorded under Section 174 of the Code of Criminal Procedure, 1973, (hereinafter, ‘the Cr.PC’) as a sudden and unnatural death. The death was detected on 29.01.2017 and the intimation was made on the same day. An inquest was carried out in which a ligature mark was noticed on the front side of the neck of t
Murder – Where two views were possible, one taken by Trial Court to acquit accused, if found to be a plausible one, cannot be upset lightly by Appellate Court – Presumption of innocence available to ....
Advocates appeared :For the Appellant : R. P. Gupta For the Respondent : C. P. Singh
The judgment emphasizes the requirement to establish cruelty for the ofences under Ss. 306 and 498-A of IPC and the application of Sec. 113-A of the Evidence Act.
(1) Section 106 of Evidence Act does not directly operate against either a husband or wife staying under same roof and being last person seen with deceased.(2) In a case of circumstantial evidence, m....
The judgment emphasizes the principles of circumstantial evidence and the importance of establishing a complete chain of evidence consistent only with the guilt of the accused.
(1) Murder – If in a case based on circumstantial evidence, accused evades response to an incriminating question or offers a response which is not true, such a response, in itself, would become an ad....
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