ILC-2011-SC-CRL-Jan-28
State Through C.B.I. Vs. Mahender Singh Dahiya
Indian Penal Code,1860 - Section 302 , Section 201
Murder - Accused charged for murder of his wife on the very first night of honeymoon and causing disappearance of evidence relating to crime - Accused allegedly dismembered and extensively mutilated the body of the victim and subsequently disposed of the body parts at different places in the city of Brussels - Conviction by Trial Court u/sec 302/201 - Sentenced awarded to imprisonment for life - High Court acquitting the accused of all the charges - Appeal against - Nothing to suggest that deceased or her family members apprehended any harm or threat to life of deceased at any stage till the couple left for honeymoon - Mere objection by accused to the behaviour of his wife towards her male friends at the birthday party of her sister not sufficient to hold that the accused had necessary motive to kill his wife - Reports submitted by doctors containing numerous discrepancies - Identification marks given by the witnesses not coinciding with the reports - Finger print expert not able to conclude that evidence produced would connect the palm prints with the palm prints of deceased - No contemporaneous recovery memo prepared by police - No evidence produce by prosecution with regard to recovery of any weapon of offence - No weapon produced at the trial - Prosecution miserably failed to connect the accused with the alleged murder of his wife - Conclusion recorded by High Court fully justified - Appeal dismissed.
Siddharth Aggarwal (for Nikhil Nayyar), Advocates
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