Supreme Court · 2009 INSC 805 · Decided 13 May 2009
Subramaniam v. State of Tamil Nadu & ANR.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 805 · [2009] 9 S.C.R. 725
- Case number
- CRIMINAL APPEAL No. 774/2006
- Decided
- 13 May 2009
- Bench
- S.B. SINHA, CYRIAC JOSEPH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 4, 302
Headnote
Penal Code, 1860: A B ss. 302 and 498-A - A married woman found dead in her c matrimonial home - FIR against husl:u~nd for Qffence$ punishal:)le ulss 302, 498-A /PC ~md s.4 of [)owry PrqhJ!Jition Act - Acquittal by trial court - Cqnviction by High Court - HELD: Circumstances brought on record by a definite conclusion that it was 0 t, only the accused who cummitted the offence - Failure to prove plea of alibi may not be sufficient to record a finding of guilt - High Court in an appeal against acquittal could not have interfered if two views were possible - Judgment of trial court cannot
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