Supreme Court · 2009 INSC 749 · Decided 8 May 2009

State of West Bengal v. Dipak Halder & ANR.

Court
Supreme Court of India
Citation
2009 INSC 749 · [2009] 8 S.C.R. 530
Case number
CRIMINAL APPEAL No. 543/2004
Decided
8 May 2009
Bench
ARIJIT PASAYAT, D.K. JAIN, MUKUNDAKAM SHARMA (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 302, 498A, 34

Headnote

Penal Code, 1860 - ss. 302 and 498A - Married woman C burnt to death - Husband and in-laws of deceased allegedly ill-treated her due to non-payment of dowry by her father - Case based on circumstantial evidence - Defence plea that the incident occurretl due to bursting of kerosene by trial Court - Reversed O by High Court - On appeal, held: Conviction can be based on circumstantiai evidence if it is of such a character that the same is wholly inconsistent with the innocence of the accused and is consistent only with his guilt - In the instant case, apart from

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