S.MURTAZA FAZAL ALI, VARADARAJAN, S.MUKERJEE
Sharad Birdhicband Sarda – Appellant
Versus
State of Maharashtra – Respondent
Key Points: - The judgment reiterates Hanumant principles: circumstantial evidence must form a complete chain, be conclusive, exclude innocence, and show guilt beyond reasonable doubt (!) (!) (!) (!) - For poisoning murders, four ingredients must be proved: motive, death by poison, possession of poison by the accused, and opportunity to administer (!) (!) (!) (!) (!) - The Court held that the High Court erred by relying on incomplete links and by including false defense as an extra link; the prosecution must prove all essential ingredients and cannot substitute with contradictions or improper interpolations (!) (!) (!) (!) - Section 32(1) admissibility: statements of the deceased as to the cause of death or circumstances of the transaction resulting in death can be admissible; proximity must be carefully balanced and not strictly literal; proximity tests may vary by case and exceptional circumstances allowed (!) (!) (!) (!) (!) (!) - The Court acquits the appellant due to failure to meet the five Golden Principles and the lack of conclusive possession of poison, providing two reasonable views (suicide vs murder) (!) (!) (!)
JUDGMENT
Fazal Ali, J.-This is rather an unfortunate case where a marriage arranged and brought about through the intervention of common friends of the families of the bride and bridge room though made a good start but ran into rough weather soon thereafter. The bride, Manju, entertained high hopes and aspirations and was not only hoping but was anxiously looking forward to a life full of mirth and merriment, mutual love and devotion between the two spouses. She appears to be an extremely emotional and sensitive girl and at the very behest cherished ideal dreams to be achieved after her marriage, which was solemnised on February 11, 1982 between her and the appellant, Sharad Birdhichand Sarda. Soon after the marriage, Manju left for her new marital home and started residing with the appellant in Takshila apartments at Pune. Unfortunately, however, to her utter dismay and disappointment she found that the treatment of her husband and his parents towards her was cruel and harsh and her cherished dreams seem to have been shattered to pieces. Despite this shocking state of affairs she did not give in and kept hoping against hope and being of a very noble and magnanimous nature she was
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