HC: Unsafe to carry demise as homicidal sans postmortem
Chandigarh, September 19
It’s unsafe to carry a demise to be homicidal merely on the power of oral testimonies of the witnesses within the absence of a postmortem examination, the Punjab and Haryana Excessive Court docket has dominated. The assertion got here because the Bench of Justice Sureshwar Thakur and Justice NS Shekhawat overturned a 13-year-old trial court docket determination convicting and sentencing a person to life imprisonment for his daughter’s homicide.
What the Bench mentioned
The Bench asserted that the Jalandhar Periods Decide held the demise to be homicidal on the idea of testimonies. Nonetheless, the prosecution totally failed in discharging the burden to show the cost underneath Part 302 of the IPC
The Bench, throughout the course of the listening to, was informed that the lady was murdered after she tried to intervene in a battle between her dad and mom. Acquitting the accused of the costs underneath Sections 302 and 201 of the IPC, the Bench asserted that there have been “many critical infirmities” within the prosecution’s case. Consequently, reliance couldn’t be positioned on the prosecution witnesses.
The Bench asserted that the Jalandhar Periods Decide held the demise to be homicidal on the idea of the testimonies. Nonetheless, the prosecution totally failed in discharging the burden to show the cost underneath Part 302 of the IPC.
Elaborating, the Bench asserted that the prosecution witnesses within the case had ample alternative to report the matter to the police. Admittedly, the place of prevalence was located in a thickly populated space and the appellant was an odd labourer. Nonetheless, nobody selected to report the matter to the police. Even the appellant was not restrained from cremating the physique until the arrival of the police. Quite, the physique was cremated the subsequent day round 8 am.
The Bench added some girls belonging to the village observed bruises and accidents and the matter was reported to the police two or three hours after the cremation. The postmortem was not carried out. “It’s unsafe to carry solely on the idea of oral testimonies of witnesses that the demise was homicidal within the case,” the Bench asserted.
The Bench mentioned bones and ashes have been collected from the cremation floor and the parcel despatched for chemical examination. However the prosecution didn’t tender the report.
“The appellant is ordered to be launched forthwith if not required in some other case,” the Bench concluded.