The APEX court was faced with a legal argument faced by the case based on indirect evidence and there was a gap in the chain of events that connected prisoners to murder.
Direct evidence to connect the defendant with a violation
New Delhi: In cases, it does not have direct evidence to connect the defendant with a violation, the situation from which conclusions of guilt must be drawn and must be “fully proven” and there must be “no gap” left in the chain of events, the Supreme Court said on Tuesday,
Rejection of a convict against the decision of the Madras High Court
Observations have been carried out in the judgment by the Court while rejecting a convict against the decision of the Madras High Court who gave him a life period for murdering his pregnant wife on October 28, 2005. The legal court was faced with legal arguments. That the existing case is based on direct evidence and there is a gap in the chain of events that connects prisoners to murder.
Principles of settling law
“In a case based on direct evidence, the principles of settling law are that the circumstances of which conclusions of guilt must be drawn. It must be fully proven and such conditions must be conclusive in nature and then the situation must be complete and there should be no gap left in the event chain, ” bench with justice Ashok Bhushan and Ajay Rastogi.
Hypothesis of guilt who is accused and inconsistent with innocence
“However, the situation must be consistent with only a hypothesis of guilt who is accused and inconsistent with innocence,” Judge Rastogi, wrote a decision, said. Referring to some assessment, the court said when a case rests on “direct evidence”, such evidence must meet the test including “the situation from which the conclusion of the guilt that is sought, must be established convincingly and strong.
Definite tendency together to show the guilt of accused
The situation must be from the “definite tendency together to show the guilt of accused”, he said, adding “the situation, taken cumulatively, must form a chain that is so complete so that there is no way out of from conclusion that in all human probabilities carried out by the defendant and none other ,
Indirect evidence to maintain confidence must be complete
“Indirect evidence to maintain confidence must be complete and unable to explain about other hypotheses rather than the guilt of the defendant and such evidence should not only be consistent with the guilt accused but must be inconsistent with his innocence,” it said.
Court of the trial and the High Court
The bench upholds the verdict delivered by the court of the trial and the High Court provides a period of life to the Damodaran R in this case based on indirect evidence.
Damodaran, who was drunk on the night of the advice, had thrashed his wife Nirmala Mary with a log which had caused severe internal injury and she took her to the hospital that said she had a heart attack, the claim was trusted by medical evidence so far. trial.
Heart attack found wrong after postmortem reports
“The case currently leaned on indirect evidence in which the death was caused by the violence of murder and the applicant who had taken the deceased to the hospital and made a false statement to the doctor that She had suffered a heart attack found wrong after postmortem reports were accepted and the injury properties were associated With a body that died where the reference was made clearly determined that it was a case where nothing else from the Appellant had committed a crime committed with the intention of committing the murder of his own wife who was in the final stage of pregnancy, “it was held and asked him to give back to prison.
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