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1984 Supreme(SC) 181

A.V.VARADARAJAN, SABYASACHI MUKHARJEE, S.MURTAZA FAZAL ALI
Sharad Birdhichand Sarda – Appellant
Versus
State Of Maharashtra – Respondent


Advocates:
F.N.Ranka, K.G.Bhagat, M.N.SHROFF, M.S.GANESH, RAM JETHMALANI, RANI JETHMALANI, U.A.Jadhavrao

Judgement Key Points

The decision in this case primarily hinges on the evaluation of circumstantial evidence and the admissibility and probative value of the statements made by the deceased, Manju, prior to her death. The Court carefully examined the evidence, including her letters and oral statements, and analyzed whether these could conclusively establish that the appellant murdered her or whether there was a reasonable possibility that she committed suicide.

The Court found that the evidence did not conclusively prove the appellant’s guilt beyond reasonable doubt. It highlighted that the circumstances presented, including the last seen evidence, medical findings, and the alleged statements of Manju, did not establish a direct link to the act of murder. Significant doubts were raised regarding the credibility and admissibility of certain statements, especially those under Section 32 of the Evidence Act, which relate to statements made by a person who is dead. The Court emphasized that such statements must have a proximate relation to the actual transaction resulting in death and that their admissibility is limited to circumstances closely connected to the event.

Furthermore, the Court scrutinized the medical evidence, particularly the post-mortem report and the expert opinions, and identified inconsistencies and irregularities in the handling and interpretation of evidence, including interpolations and alterations in official records. These discrepancies undermined the prosecution’s case that the death was caused by homicidal poisoning.

The Court also considered the possibility of suicide, supported by the detailed and emotionally charged letters of Manju, which indicated her mental state, feelings of despair, and a propensity for self-harm due to her distressing circumstances. The evidence suggested that her mental condition, characterized by depression and emotional turmoil, could have led her to take her own life, and this possibility could not be safely excluded.

In conclusion, the Court held that the prosecution had failed to establish the guilt of the appellant beyond reasonable doubt. The evidence was insufficient to exclude the hypothesis of suicide, and the circumstantial evidence did not form a complete and conclusive chain of proof. Therefore, the appellant was entitled to the benefit of doubt, and his conviction was set aside, leading to his acquittal and immediate release.


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 bridegroom 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 Feb. 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 alwa





































































































































































































































































































































































































































































































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