Penal Code, 1860: s.302 – Death caused by hanging – Prosecution case was that the accused-husband and deceased-wife used to have altercation on account of illicit relationship of accusedhusband with accused no.2 – On the fateful day, deceased was found hanging with telephone wire – Trial court convicted the accused-husband under s.302 – High Court acquitted the accused relying on the evidence of the doctor to the effect that it was a case of suicide as the ligature marks were not found on the neck – State’s appeal against acquittal – Scope of interference with the order of the High Court – Held: High Court accepted the evidence of the doctor – High Court appreciated oral and medical evidence and acquitted the accused – The view of High Court was plausible one – No reason to interfere with the order of High Court. Dismissing the appeal, the Court
HELD: When the doctor gave opinion that the suicide cannot be ruled out and the death of the deceased could have been due to suicide which was accepted by the High Court; when the High Court has a view which is a plausible view, there is no ground to take a different view. There is no compelling reason or substantial ground to interfere with the order of acquittal. [Para 6] [921-C-D]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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