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Principles of Appreciation

Each circumstance relied upon by the prosecution must be established by cogent, succinct, and reliable evidence. The circumstances must be of an incriminating character. All the proved circumstances must provide a complete chain, no link of which must be missing, and they must unequivocally point to the guilt of the accused and exclude any hypothesis consistent with his innocence. (Pohalya Motya Valvi vs. State of Maharashtra)

Evidence of the doctor who performed the post-mortem examination showing the death to be homicidal and confirming the charge of insertion of a ladies' handkerchief into the deceased's mouth. An independent witness categorically stated that the relationship between the accused and the deceased was strained due to the deceased's inability to bear a child, and the accused wanted to get rid of her so that Accused 1 (her husband) could remarry. The said witness not only witnessed frequent quarrels within the family but also the very bitter and prolonged fight on the fatal day.

Prosecution for murder by inserting a handkerchief into the mouth of the deceased and thereafter strangulating and setting her on fire. Death occurred in the matrimonial home of the deceased. Moreover, evidence showed that the deceased was a stout and healthy woman, leading to the inference that the accused's sister was required to help him. In addition, a chemical analyst's report showed the presence of kerosene residues and bloodstains on the clothes of the accused's husband and his sister. In view of the chain of said circumstances, the conviction was held to be justified. Penal Code, 1860, Section 302/34.

Written By: S Kundu & Associates
Email: [email protected], Ph No: +9051244073

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