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Delhi High Court Frees Husband Accused of Wife’s Murder, Cites Hanging-vs-Strangulation Distinction

Last Updated on November 24, 2023 by News Desk

Issue: Delhi High Court Issues Bail in Disputed Murder Case

Details of the case: The Delhi High Court has made a noteworthy ruling by granting bail to a man who is facing charges of murder, cruelty (498A), and causing the disappearance of evidence (201 IPC) in relation to the death of his wife. The defendant had been detained for 2.5 years, and important witnesses had been questioned. The petitioner was expecting a kid with his new wife, who had remarried.

Conflicts Provided by the Parties: After the wife was declared dead at GTB Hospital, the prosecution first filed a FIR under Section 306 (abetment of suicide), citing ligature marks on her neck. The adoptive father of the deceased, who filed the complaint, charged the petitioner with extortion. The biological father and daughter of the deceased made statements under Sections 161 and 164 CrPC, alleging financial abuse and intimidation by the defendants.

The children’s comments were dismissed by the petitioner’s attorney, who emphasized a 46-day lapse in recording when the children were with their maternal grandparents. Instead, they focused on the submitted chargesheet that supported their case. The petitioner’s lack of accusations about cruelty or dowry demands was another argument raised by the defense.

Rationale for the Decision: The court took into account a number of criteria before making its ruling. It recognized the length of the petitioner’s incarceration, the conclusion of the witness cross-examination, and her subsequent marriage. Concerns over the veracity of witness testimony in light of the passing of time and the change in custody were also mentioned, as was the change in the accusation from abetment of suicide to murder.

The court considered the prima facie evidence, the likelihood that the accused would abscond, and the potential for witness tampering, all while referencing the Supreme Court’s decision in State of UP v. Amarmani Tripathi. The youngsters live with their maternal grandparents, therefore the court voiced worries regarding possible tutoring.

Based on Modi’s “A Textbook of Medical Jurisprudence and Toxicology,” medical evidence was very important. The court made a distinction between asphyxia-related suicide and violent fatalities, pointing out that the postmortem report lacked a definitive ruling on strangling.

Judgment: The court weighed the necessity to evaluate the quality of the evidence against worries about possible tampering when deciding to grant bail. The trial court will make the ultimate decision since the case raises concerns about the accusations’ shifting nature and the veracity of witness testimony.

Written By: Nikita Shankar @nikitaashankar

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