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Supreme Court of India 2019-08-22 dismissed

Sudru vs State of Chattisgarh

Bench: 2 — B.R. Gavai

In Brief

The appellant was convicted of murder under Section 302 IPC for the death of his son Ajit. Following a quarrel with his wife, Ajit and the appellant were left alone in the house; the next morning the boy was found dead with strangulation marks. The appellant's defence that death was natural was contradicted by medical evidence. The Supreme Court upheld the conviction, holding that although the wife-witness turned hostile, credible portions of her evidence could be relied upon. Once the prosecution established the appellant and deceased were alone, the burden shifted to the appellant to explain the death, which he failed to do. The conviction was affirmed on circumstantial evidence."

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