Murder by Stabbing Alleged : Accused Acquitted

 Murder by Stabbing Alleged : Accused Acquitted 

Murder has its own importance in law. Section 300 of Indian Penal Code, 1860 describes situations when culpable homicide is murder. The illustration (a) to Section 300 of IPC says this : "A shoots Z with the intention of killing him. Z dies in consequence. A commits murder."

In the case citation [2010] GCtR 2949, a person was facing allegations of committing the offence of murder of a woman ; however the observation of Trial Court convicting the accused was set aside and accused was found entitled to acquittal. The allegations were made against a man. 

An FIR was registered. The alleged weapon was seized. The body of the woman who died was sent for post mortem examination. Few men identified the body of the woman. However, the accused man pleaded not guilty. 

Prosecution examined more than 9 witnesses. The medical officer could not give definite opinion on one specific issue. Accused, on the other hand, argued that he has been falsely implicated in this alleged murder of a woman. 

After adverting to the principles enunciated by two Judgments of Hon'ble Supreme Court, the accused was found entitled to acquittal and Order of conviction was set aside. 

[2010] GCtR 2949 brings out vital legal issue on identification of seized items in criminal trial and how it can be utilised by accused to advance his arguments on acquittal.

Written by 

Vishal

Delhi

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