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“We are of the view that in ordinary circumstances, no parent would cause fatal injury to their children, howsoever frustrated or dejected he or she may be.”
‘He is directed not to promote any kind of mob mentality and to avoid participating in congregations where there is any kind of tendency amongst disciples or participants to cause breach in peace, law and order.’
The Court stated that though the appellant was illiterate, he was not irrational, as he had a plan in mind which he executed, thereby achieving his goal.
Mere punishment per se would not constitute a remedy for an act of crime. Therefore, the idea is to reform and rehabilitate the deviant person to bring him back into the fold of society.
“The specific defence of the accused was not that the victim died because of his assault rather it was that he inflicted injuries on himself and lost consciousness. Firstly, he suggested that the victim had committed suicide by inflicting those injuries on herself and secondly, he feigned ignorance about what happened after he inflicted those injuries on himself.”
“Bail or jail belongs to the blurred area of criminal justice system which largely hinges on the hunch of the Bench, otherwise called judicial discretion. The Court should take cognizance of the fact that the liberty of an individual whose involvement has not been established in the commission of an offence, should not be lightly dealt with. Incarceration creates a concavity in the personality of an individual.”
The Court noted that since the convict assaulted his wife with a brick in the spur of the moment, the case would fall under the ambit of culpable homicide not amounting to murder, i.e., Section 304-II of the IPC.
“The manner in which the accused assaulted the deceased with predetermination definitely indicated that he was guilty of the offence of murder and not culpable homicide.”
The extra-judicial confession made by the appellant to the doctor was not considered as the appellant was in Police custody and after that, he was accompanied by a Police constable for his medical examination.
“Scope of interference in the acquittal order passed by the Trial Court is very limited, and if the impugned judgment of the Trial Court demonstrates a legally plausible view, mere possibility of a contrary view shall not justify the reversal of acquittal.”
The appellant latched the house from outside when his wife was inside the house and had caught fire. This clearly shows that he had prevented the children from helping their mother and saw to it that she suffered fatal burn injuries.
“The failure of the prosecution to explain the genesis and origin of the occurrence has the effect of prosecution failing to bring on record the correct version of the event.”
“It was inexplicable and incomprehensible how a mother who loved her children and who had a cordial relation with her husband could resort to such a violent act and be attributed with the “intention to cause death” of her beloved children, except for coming under some influence or forces beyond her control as claimed by her.”
The High Court unfortunately reversed the acquittal without anything other than a finding on alibi having not been proved and the accused not having offered any explanation regarding the death of the deceased, which occurred while they were living together.
“The motive for the commission of the offence was absent and the same was very relevant as the case was based on circumstantial evidence.”
“If the recovery memos had been prepared in the police station itself or signed by the panch witnesses in the police station, the same would lose their sanctity and cannot be relied upon by the Court to support the conviction.”
“The circumstances taken cumulatively must be so complete that there is no escape from the conclusion that, within all human probability, the crime was committed by the accused and none else. While there is no doubt that conviction can be based solely on circumstantial evidence, great care must be taken in evaluating circumstantial evidence.”
“It must be established that all the accused had preplanned and shared a common intention to commit the crime with the accused who has actually committed the crime.”
“The requirement of law in criminal trials is not to prove the case beyond all doubt but beyond reasonable doubt and such doubt cannot be imaginary, fanciful, trivial or merely a possible doubt but a fair doubt based on reason and common sense.”
“Considering the backlog of appeals pending before this Court, the chance of the appeal being heard in near future is extremely remote.”