Dipankar Sadhu v. State of West Bengal - (Supreme Court) (15 Apr 2015)

Earlier assault can bolster suspicion of murder, but is not sufficient by itself to conclude guilt of accused

MANU/SC/0867/2015

Criminal

In a case where the Appellant was accused of the murder of his wife, the Court held that a prior incident of assault against the wife 'stands alone' and can only give rise to suspicion. Even if such incident stood proved, it could not be used to conclude that the Appellant had poured kerosene on his wife and set her alight. No accusations of physical torture or dowry harassment had been made against the Appellant. Though not dismissing the unnatural circumstances of death, the Court acquitted the Appellant on account of unreliable prosecution witnesses.

Relevant : Section 302 Indian Penal Code, 1860 Act

Tags : SUSPICION DEATH GUILT UNNATURAL CIRCUMSTANCES