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Wives` fight over water leads to death, SC acquits accused
New Delhi, Feb 04: In a fight over water between two women and their family members, one woman`s husband was stabbed to death, but the Supreme Court acquitted the accused saying there was neither a conspiracy nor any evidence to pinpoint who stabbed the deceased.
New Delhi, Feb 04: In a fight over water between two
women and their family members, one woman's husband was
stabbed to death, but the Supreme Court acquitted the accused
saying there was neither a conspiracy nor any evidence to
pinpoint who stabbed the deceased.
Referring to the injuries sustained by the accused, a
bench of Justice N Santosh Hegde and Justice B P Singh said
"in the absence of any explanation from the prosecution as to
the injuries on the appellant, we are of the opinion that the
prosecution version of the incident becomes doubtful."
The prosecution had told the trial court that the two accused persons along with two others stabbed the deceased.
"The prosecution has recovered only one weapon, therefore, it is difficult to appreciate the prosecution case how by one single weapon all these four accused persons would have stabbed the deceased," Justice Hegde, writing for the bench, said. It was not the case of the prosecution that all the accused came prepared to attack the deceased, he said, adding "it is their case that the fight started suddenly without pre-planning between the two ladies and the others joined in and somebody stabbed the deceased".
Setting aside the trial court order convicting the accused for murder, which was upheld by the Andhra Pradesh High Court, the apex court said "assuming this case of the prosecution to be true, in the absence of any material to show that there was any common intention it will not be possible to attract Section 34." It then directed release of the accused from jail.
Bureau Report
The prosecution had told the trial court that the two accused persons along with two others stabbed the deceased.
"The prosecution has recovered only one weapon, therefore, it is difficult to appreciate the prosecution case how by one single weapon all these four accused persons would have stabbed the deceased," Justice Hegde, writing for the bench, said. It was not the case of the prosecution that all the accused came prepared to attack the deceased, he said, adding "it is their case that the fight started suddenly without pre-planning between the two ladies and the others joined in and somebody stabbed the deceased".
Setting aside the trial court order convicting the accused for murder, which was upheld by the Andhra Pradesh High Court, the apex court said "assuming this case of the prosecution to be true, in the absence of any material to show that there was any common intention it will not be possible to attract Section 34." It then directed release of the accused from jail.
Bureau Report