New Delhi: holding that someone cannot be punished only based on post-mortem reports, the Supreme Court on Tuesday released a man who was sentenced to life imprisonment for unnatural deaths from his wife and beat court court and Patna who sentenced him based on medical reports said that he died of inhibiting.
Judge Judge Rastogi and Abhay S Oka said the guilt of accused had not been formed outside of a reasonable doubt and the situation set by the prosecution did not lead to only a little conclusion about the guilt accused.
The court also noted that there were no eyewitnesses in this case and the relationship between husband and wife were not tense to show a rotten game in his name.
In this case, the husband argued that he died of burns when he was burning while cooking and family members tried their best to extinguish the fire.
However, prosecution, expelling his claim as an autopsy report said death was caused by asphyxia.
Going with the findings of post-mortem reports, court courts and HC punish him and give life imprisonment.
Researching the statements of all witnesses and evidence, the APEX court said the guilt who was accused of not proven without doubt and released him.
“In this case, both the prosecution witnesses that have replaced the effect or other materials have been placed on records to show that the relationship between the applicant and the deceased is elevated in any way.
Besides that, the applicant is not the only person who lives.
At home at home.
Where the incident happened and was taken on the note that the parents of the Applicant were also present at the date of the incident at home.
The fact that other family members of the applicant were present showed that there might be another hypothesis that could not be removed as a whole.
Therefore, it can be said That the facts set did not rule out the existence of other hypotheses, “Judge Oka said the verdict.
“Therefore, what survives to be considered is the opinion of medical practitioners who carry out autopsy and provide reports on causes of death.
As held in the case of Balaji Gunthu Dhule, only based on post-mortem reports, the applicants cannot be punished for violations that can be punished Punished under the 302 part of the IPC and consequently for violations can be punished under Section 201 IPC, “he said.
Post-Mortem Report cannot be a single basis for confidence: SC
