Supreme Court · 2010 INSC 495 · Decided 11 August 2010
Babu v. State of Kerala
- Court
- Supreme Court of India
- Citation
- 2010 INSC 495 · [2010] 9 S.C.R. 1039
- Case number
- CRIMINAL APPEAL No. 104/2009
- Decided
- 11 August 2010
- Bench
- P. SATHASIVAM, B.S. CHAUHAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302
Headnote
A B Penal Code, 1860 - s. 302 - Prosecution case that husband murdered his wife by giving her sodium cyanide - Charge framed u/s. 302 - Acquittal by trial court - However, C conviction by High Court - On appeal, held: Prosecution has to prove its case beyond reasonable doubt - No direct evidence - All circumstances raising doubts - Failure of prosecution to establish that husband made phone calls to D the residence of deceased prior to the incident - Sodium Cyanide not recovered from husband nor remaining amount· of ayurvedic contraceptive medicine that husband allegedly mixed
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