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Supreme Court of India 2019-11-07 dismissed

KALU @ LAXMINARAYAN vs THE STATE OF MADHYA PRADESH HOME DEPARTMENT SECRETARY

Bench: 3 — Navin Sinha, B.R. Gavai, Ashok Bhushan

In Brief

A husband was convicted of murdering his wife by strangulation. The wife's death occurred in their matrimonial home where she lived alone with the appellant and their minor child. The prosecution alleged homicidal death, while the appellant claimed suicide. No eyewitness was present. The Supreme Court held that the prosecution had established a prima facie case of homicidal death through circumstantial evidence. The Court found that the appellant, obliged under Section 313 CrPC to explain the deceased's death, offered only a bare denial without any coherent explanation. The physical and medical evidence—ligature marks, abrasions, body position—were inconsistent with suicide. The Court affirmed the conviction under IPC Section 302 and dismissed the appeal.

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Criminal Law Homicide Circumstantial Evidence Evidence Act Section 106 Domestic Violence Criminal Procedure Burden of Proof

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