Published On: 29th August, 2024
Facts
Jayashree, a woman who was married to the accused, was found dead by her brother Ramchandra Chintappa. The accused, who was addicted to liquor, was accused of abusing and beating the deceased to get money from her mother. On March 23, 2003, Jayashree and the accused went to sleep in their house. On March 24, 2003, the accused called to harvest their jawar crop, but Jayashree committed suicide by hanging. PW-5, Ramchandra Shankar, and other relatives reported the incident to PW-5, who registered Ad No.13/2003 and charged the accused with a crime punishable under Section 302 IPC. The reasonable cause of death was asphyxia due to strangulation. The case was committed to the Sessions Judge, who convicted the accused and sentenced him to life imprisonment. The appellant appealed to the High Court, which was dismissed, and the present appeal is now ongoing.
Issue
The appeal challenges the High Court’s decision in Criminal Appeal No. 46 of 2005, dismissing the appellant’s appeal and maintaining his conviction and sentence under Section 302 of the Indian Penal Code.
Rule
The High Court and trial court applied Section 8 of the Evidence Act to determine the accused’s conduct. The first informant, PW-5-Ramchandra Chintappa, reported the deceased’s suicide by hanging, which resulted in the registration of Ad No. 13 of 2003. Both witnesses are prosecution witnesses, however, the court determined that they neglected to weigh their evidence.
Analysis
The cross-examination of PW-6 discloses that in cases of suicidal or homicidal hanging, the ligature mark should be raised. The prosecution did not consult a senior medical officer before issuing the advance death certificate, but after consulting, they determined that it was a hanging case. Section 106 of the Evidence Act does not immediately apply to spouses and wives who live together and are the last people to see the deceased.
Conclusion
The prosecution failed to prove motive beyond a reasonable doubt in the case, hence there is no sequence of events leading to the accused’s guilt. The appeal is granted, and the trial court’s judgment and sentence are overturned, with the appellant acquitted on all charges and ordered to be released immediately.
