Eshwarappa Vs. State of Karnataka
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Head Note
Indian Penal Code,1860 - Section 302 , Section 201 , Section 498-A
Murder - Circumstantial Evidence - As per medical evidence death in the case at hand occurred because of strangulation/constriction force around the neck leading to asphyxia and shock - If death had occurred because of hanging, she would have been discovered by the witnesses in a hanging position, unless of course somebody had upon seeing her hanging, brought her down and placed the body on the ground or the rope by which she hung herself had itself snapped in which event there would have been a rope partly tied to the branch of the tamarind tree and partly around her neck with a noose which the witnesses say was not there - It is nobody's case that she was carrying a rope with herself when she was seen going towards the field - There was no immediate provocation for the deceased to take the step to commit suicide - All that she wanted was money from her husband to take her child to the hospital for treatment - Classic signs of death by hanging were all conspicuously absent - Concurrent findings of the Courts below conviction the appellant upheld with the only modification that conviction of the appellant for the offence punishable under Section 498A IPC liable to be set aside.
Topic(s)-Circumstantial Evidence - Conviction for murder - Acquittal in Cruelty