Supreme Court · 1997 INSC 674 · Decided 26 September 1997
State of Punjab v. Hari Kishan and ORS.
- Court
- Supreme Court of India
- Citation
- 1997 INSC 674 · [1997] SUPP. 4 S.C.R. 299
- Case number
- CRIMINAL APPEAL No. 480/1987
- Decided
- 26 September 1997
- Bench
- G.T. NANAVATI, M. JAGANNADHA RAO (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 201; CrPC Section 313
Headnote
B Criminal Trial : Circumstantial evidence-Offences under Sections 302 and 201 IPC­ Demand of dowry and ill treatment by husband and his two brothers-No eye C witness to the murder-Post m<;>rtem report shows death as a result of strangulation-Circumstances created a strong suspicion that as he had some motive to do so-No evidence led by the prosecution to controvert the statement of the accused under Section 313 Cr. P.C. to the D effect that they were not present in the house at the time of death-Held, even if the evidence regarding motive is believed, prosecution has failed to
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