In Brief
A husband was convicted of murdering his wife by hanging in 2003. The trial court and High Court relied on circumstantial evidence and invoked Section 106 of the Evidence Act (shifting burden when spouses live together). On appeal, the Supreme Court acquitted him. The Court found: the post-mortem report showed death 'due to hanging' without ruling out suicide; there were no marks of violence or struggle; medical evidence admitted both suicidal and homicidal hanging were possible; and motive was unproven. The Court held the prosecution had failed to establish a complete chain of incriminating circumstances and that when two views are possible, the benefit goes to the accused.", <parameter name="cited_cases">[ { "raw_citation": "(2010) 8 SCC 593", "case_name": "G. Parshwanath v. State of Karnataka", "cited_year": "2010", "paragraph": "5", "treatment": "referred", "treatment_by": "this_court" }, { "raw_citation": "(2019) 16 SCC 269", "case_name": "Eswarappa alias Doopada Eswarappa v. State of Karnataka", "cited_year": "2019", "paragraph": "6", "treatment": "relied", "treatment_by": "this_court" }, { "raw_citation": "(2009) 14 SCC 415", "case_name": "Subramaniam v. State of Tamil Nadu and Another", "cited_year": "2009", "paragraph": "7", "treatment": "relied", "treatment_by": "this_court" }, { "raw_citation": "(2019) 9 SCC 738", "case_name": "Gargi v. State of Haryana", "cited_year": "2019", "paragraph": "7", "treatment": "relied", "treatment_by": "this_court" }, { "raw_citation": "(2010) 9 SCC 189", "case_name": "Babu v. State of Kerala", "cited_year": "2010", "paragraph": "8", "treatment": "relied", "treatment_by": "this_court" }, { "raw_citation": "(2019) 19 SCC 447", "case_name": "Devi Lal v. State of Rajasthan", "cited_year": "2019", "paragraph": "9", "treatment": "relied", "treatment_by": "this_court" }, { "raw_citation": "(2006) 12 SCC 254", "case_name": "State of Rajasthan v. Kashi Ram", "cited_year": "2006", "paragraph": "10", "treatment": "distinguished", "treatment_by": "this_court", "treatment_quote": "Insofar as the reliance placed by the learned counsel for the State on the judgment of Kashi Ram (supra) is concerned, it would reveal, that this Court had used the factor of non-explanation under Section 313 Cr.P.C. only as an additional link to fortify the finding, that the prosecution had established chain of events unquestionably leading to the guilt of the accused and not as a link to complete the chain. As such, the said judgment would not be applicable to the facts of the present case." }, { "raw_citation": "(1984) 4 SCC 116", "case_name": "Sharad Birdhichand Sarda v. State of Maharashtra", "cited_year": "1984", "paragraph": "11", "treatment": "relied", "treatment_by": "this_court" }, { "raw_citation": "(1973) 2 SCC 793", "case_name": "Shivaji Sahabrao Bobade v. State of Maharashtra", "cited_year": "1973", "paragraph": "11", "treatment": "referred", "treatment_by": "this_court" }, { "raw_citation": "(2006) 10 SCC 681", "case_name": "Trimukh Maroti Kirkan v. State of Maharashtra", "cited_year": "2006", "paragraph": "20", "treatment": "referred", "treatment_by": "this_court" }, { "raw_citation": "(2008) 5 SCC 587", "case_name": "Ponnusamy v. State of Tamil Nadu", "cited_year": "2008", "paragraph": "20", "treatment": "referred", "treatment_by": "this_court" }, { "raw_citation": "(1974) 4 SCC 193", "case_name": "Sawal Das v. State of Bihar", "cited_year": "1974", "paragraph": "21", "treatment": "referred", "treatment_by": "this_court" }, { "raw_citation": "(2020) 10 SCC 166", "case_name": "Anwar Ali and Another v. State of Himachal Pradesh", "cited_year": "2020", "paragraph": "29", "treatment": "relied", "treatment_by": "this_court" }, { "raw_citation": "1995 Supp (1) SCC 80", "case_name": "Suresh Chandra Bahri v. State of Bihar", "cited_year": "1995", "paragraph": "29", "treatment": "referred", "treatment_by": "this_court" }, { "raw_citation": "(2008) 16 SCC 73", "case_name": "State of U.P. v. Kishanpal", "cited_year": "2008", "paragraph": "29", "treatment": "referred", "treatment_by": "this_court" }, { "raw_citation": "(2009) 9 SCC 152", "case_name": "Pannayar v. State of T.N.", "cited_year": "2009", "paragraph": "29", "treatment": "referred", "treatment_by": "this_court" }, { "raw_citation": "(1973) 2 SCC 808", "case_name": "Kali Ram v. State of Himachal Pradesh", "cited_year": "1973", "paragraph": "32", "treatment": "referred", "treatment_by": "this_court" } ]
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