File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

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

Law Article in India

You May Like

Legal Question & Answers



Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


LawArticles

How To File For Mutual Divorce In Delhi

Titile

How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage

Titile

It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media

Titile

One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...

Titile

The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...

Titile

The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...

Titile

Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online


File caveat In Supreme Court Instantly