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
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