• Section 304 IPC PartI Appeal against conviction Murder Victim received 80% burn injuries Suicidal theory projected by the accused can absolutely be ruled out In the case of burn injuries, question of loosing conscious till the death does not arise No stains on ground or the walls about the kerosene it would not throw any doubtful circumstances in the case of the prosecution Not a case where the accused filed any proof whatsoever to show the so-called mental illness Allegation that accused poured kerosene on her husband and set fire was flimsy is not acceptable In case of circumstantial evidence only, the prosecution is expected to prove motive for the offence Even otherwise, the reasons set forth as motive for the offence cannot be taken as flimsy Criminal Appeal dismissed Prosecution before the Court below proved beyond reasonable doubt that on the date of incident accused poured kerosene on her husband and set fire. [Paras 51, 53, 54 and 55 to 57]
Gunda vs State Of AP CRLA 1046/10 22/02/23 [ RAVI JJ ]
[ ANDHRA PRADESH HIGH COURT ]