SUPREME COURT ACQUITS WOMEN FOR MURDER well With the increasing cases in INDIA, the varieties of cases are also increasing. Whenever the judgement is passed by the respective court, it not only affects the actions of citizens but also reflect the mechanism of our system. For proper mechanism of Judicial System, it is important for courts to consider all the minor facts of the cases and to provide relevant remedy.
ARticle by – Shubhangi Sood
Recently, the SUPREME COURT has exonerated a lady which was accused for murdering her son-in-law by setting aside concurrent findings of the Trial Court and the High Court. SUPREME COURT ACQUITS WOMEN FOR MURDER
Wife and mother-in-law of deceased Brij Bhushan Tiwari were accused of killing him while he paid a visit to their house. During the pendency of the Trial, the accused’s wife was found dead. The Trial Court found the mother-in-law guilty and she was thus convicted for life imprisonment.
This conviction was later upheld by the HIGH COURT. It was further, urged before the SUPREME COURT that the dead was due to poisoning and the deceased had committed suicide by consuming poison. The factum of deceased committing suicide by consuming poison has been sidelined and therefore viscera was not preserved by Doctors.
SUPREME COURT ACQUITS WOMEN FOR MURDER well The Bench comprising of 2 Justice namely, Justice N.V Ramana and Justice S. Abdul Nazeer observed that: –
“Primarily when there existed a complaint lodged by the wife of deceased pointing out that the deceased committed suicide by consuming poison, generally it is expected that the Doctor will preserve viscera for chemical analysis.
On this point, prosecution has failed in its duty as no steps have been taken to preserve viscera. Merely a statement by Doctor—PW 6 that viscera was not preserved as there is no presence of poison would not be suffice in the peculiar circumstances of this case, particularly when the independent panch witnesses together as well as the Investigating Officer recorded their view that it was a case of poisoning, which has been duly supported by PWs 1, 2 and 3.”
It is very clear from the above case decided by the SUPREME COURT that the factum of the case and the intention of the accused is the main criteria on which the case is decided.
The motive of every Court is to provide justice to the victim and to keep a check on the working of mechanism and further, not to convict an innocent individual in any way. The Justice of court tries to punish the real culprit but not the innocent person. therefore SUPREME COURT ACQUITS WOMEN FOR MURDER
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