Law: Penal Code (XLV of 1860)

Section: 302(b),201

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 201---Qatl-i-amd, causing disappearance of evidence of offence, or giving false information to screen offender---Appreciation of evidence---Accused-appellant was charged for the murder of the deceased---No direct evidence was available to connect the accused with the commission of offence---Witness had deposed that he had seen the accused-appellant leaning over a package of blue color cloth---Statement of witness suggested the presence of accused-appellant with a package at the spot and thus by no stretch of imagination, it could be presumed that package contained the dead body---No blood was seen at the place where witness had seen the accused having package with him---Prosecution did not have any evidence direct or otherwise to establish that accused-appellant had thrown the dead body in the well---If the accused-appellant, as alleged, had committed the murder for nasal pin and earrings of the deceased, there was no need to undertake such exercise---Medical evidence was not in line with the hypothesis introduced by the witness---Record showed that deceased was done to death on 14.9.2013 between 8.00 a.m. to 5.00 p.m. and autopsy of the dead body was done at table at 8.30 p.m. on 16.9.2013; dead body was said to have been rapped in white plastic sack and not in blue cloth in putrefied state---Statement of witness showed that the duration between death and autopsy could not be more than 60 hours, while as per Medical Officer, the time ranged between 50 to 70 hours---Findings of Medical Officer, in such a situation, did not advance the prosecution case being inconsistent with medical report---Circumstances established that prosecution had failed to prove its case beyond any shadow of doubt, benefit of which would resolve in favour of accused-appellant---Accused-appellant was acquitted in circumstances by setting aside conviction and sentence recorded by the Trial Court. (b) Medical jurisprudence--- ----Dead body remaining in water---Putrefaction of dead body---Scope---Dead body lying in water putrefied slowly because, exclusion of air; protection from cloths if any; low temperature of water as compared to…

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