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Head Note

Criminal Laws  - Death by Hanging

Death by Hanging - Hanging is a form of death, produced by suspending the body with a ligature round the neck, the constricting force being the weight of the body, or a part of the body weight - In other words, the hanging is the ligature compression of the neck by the weight of one's body due to suspension.

Indian Penal Code,1860  - Section 302 , Section 201

Appreciation of Evidence - Proved beyond reasonable doubt on the record that when accused 'R' saw his daughter talking to PW-9, he got suddenly provoked and lost his power of self-control, slapped her, took her inside the house, and caused death of his daughter by strangulation and throttling - Medical evidence clearly shows four ante mortem injuries on the neck region and three around mouth of the deceased as mentioned in the autopsy report - On going through the reports read with oral testimony of witnesses held that prosecution has successfully proved the charge of culpable homicide not amounting to murder punishable under Section 304 Part I against the accused/respondent - Impugned judgment and order passed by the High Court liable to be set aside - Accused-respondent liable to be convicted under Section 304 Part I IPC and sentenced to rigorous imprisonment for ten years.

Topic(s)-Culpable Homicide - Acquittal by HC Set Aside