B.C.GADGIL, S.J.DESHPANDE
State of Maharashtra – Appellant
Versus
Sharad Birdi Chand Sarda – Respondent
Key Points: - (!) Accused No.1 (husband) convicted under Section 302 IPC; death sentence confirmed as rarest of rare case. - (!) Post-mortem evidence cannot unerringly prove mechanical suffocation; reliance on such findings is unsafe. - (!) Death by poisoning established; accused present at the time; accused failed to impress alibi; circumstantial evidence used to convict. - (!) Accused Nos. 2 and 3's conviction under Section 201 IPC set aside; state’s appeal for enhancement rejected. - (!) Motive established through illicit liaison; corroborating factors include concealment of anklet, locked room not bolted from inside, and foreign/uncommon poison. - (!) Burden of proving alibi lies on the accused; watchman testimony supports presence at home between 11:15 p.m. and 12:00–1:00 a.m. - (!) Also cited Machhi Singh v. State of Punjab to apply death sentence in rarest of rare cases.
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