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ANANDA SEN, GAUTAM KUMAR CHOUDHARY
Etwariya Bibi @ Taibun Nisa wife of Sulaman Mian – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT
Per Gautam Kumar Choudhary, J. Sole appellant is before this Court in appeal against the judgment of conviction and sentence passed under Section 302 of the IPC.
2. Appellant is the first wife of Suleman Ansari and as per the prosecution case, she committed the murder of the second wife of her husband.
3. Informant (P.W. 1) is the father of the deceased-Shakila Bibi. As per the FIR lodged on 22.09.1991, his daughter Shakila was married to Suleman Ansari about 7 – 8 years ago before the incidence. His daughter was the second wife of Suleman Mian, as he had no child from his first wife therefore, he contracted second marriage with her. After the marriage, there used to internecine quarrel between the deceased and the appellant and she even threatened her life. On 22.09.1991, nephew of his son-in-law gave the message that his daughter had died of diarrhea. On getting this information when he went there, from the appearance of the dead body, it appeared that she had died of poisoning. From neighbors, he came to know that his daughter was hale and hearty till the evening on 21.09.1991 and suddenly died at night. At the time of incidence, his son in-law was not at home, as he had g
The failure to properly question the accused regarding key circumstantial evidence can lead to serious prejudice and a miscarriage of justice, necessitating the reversal of a conviction.
Conviction based solely on circumstantial evidence requires a complete chain of evidence; mere suspicion or non-explanation of conduct is insufficient for establishing guilt.
The prosecution must prove guilt beyond reasonable doubt; suspicion alone is insufficient for conviction.
The prosecution must establish homicidal death for a murder conviction, and failure of the accused to explain circumstances can lead to a presumption of guilt.
The central legal point established in the judgment is the requirement for the prosecution to prove the cause of death and guilt beyond a reasonable doubt in murder cases.
The court affirmed the conviction under Section 302 IPC, emphasizing the necessity of a complete chain of circumstantial evidence and the burden on the accused to explain circumstances surrounding th....
Murder conviction upheld on circumstantial evidence via complete chain: homicidal death, last seen together, false explanation, body concealment, corroborated confessions, medical proof of fatal inju....
The conviction for murder under Section 302 IPC was upheld based on circumstantial evidence demonstrating a complete and unbroken chain leading to the appellant's guilt.
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