Killing of a Man by a Woman : Accused Acquitted

 Killing of a Man by a Woman : Accused Acquitted 

Indian Penal Code, 1860 contains Section 300. Section 300 says that unless exceptions are there, culpable homicide is murder if the act by which the death is caused is done with the intention of causing death, if it is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death.

In the case citation [2010] GCtR 2950, a woman was alleged to have been involved in the killing of a man. However, the Order of conviction of the accused woman was set aside and the woman was found entitled to acquittal after 15 years of the date of occurrence of the offence.

The victim was a married man. 

The prosecution had a witness who was stated to be an eye-witness to the killing of the man. The accused persons had not used any particular weapon like knife/danda/firearms to cause the killing of the man. The body of the victim was found at the place different that the place where the alleged killing of the man took place.  

It was noted that the manner of actual killing of the man was not the one which was described by the prosecution and the statement of one of the prosecution witness was found to be not reliable. What was also noted was the variation in the statement made under Section 161 of Code of Criminal Procedure, 1973 and the statement during examination by the witness of prosecution. 

[2010] GCtR 2950 is useful from the point of how to bring out the contradiction in the statements of the prosecution witness who has been claimed to be an eyewitness to the offence of murder.

Written by 

Vishal

Delhi

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