BALA KRISHNA NARAYANA, ARVIND KUMAR MISHRA I
Nupur Talwar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Per Bala Krishna Narayana, J.
(A) Indian Penal Code, 1860—Sections 302/34, 201/34 and 203—Aarushi murder case—Circumstantial evidence—Appeal against conviction and sentence—Appellants have been charged and convicted for having committed murder of their only daughter and their domestic help in an extremely gruesome and diabolic manner within premises of their residential flat—There cannot be a safer haven for a child than his/her home—There is no direct evidence on record proving complicity of appellants in commission of double murder—Medical evidence found to be contradictory—Prosecution in order to further corroborate theory of sexual intercourse and case of grave and sudden provocation not found to be credible—Doctors committed medical blasphemy in supporting prosecution case of sexual intercourse and consequent grave and sudden provocation theory—Prosecution has failed to prove by any reliable or cogent evidence, motive suggested by prosecution for appellants to commit double murder—There are material discrepancies in evidence of witnesses produced by CBI— Prosecuti
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