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Without moral conviction in the absence of legal evidence: Bombay HC | India News


MUMBAI: “In the absence of legally admissible evidence, there can be no moral conviction,” the Bombay High Court said, overturning a 2012 murder conviction and a life sentence for three people, including a man whose wife had died of suffocation from hanging.
A court of Judge Sadhana Jadhav and Judge NR Borkar recently ruled in a 2010 “cruelty to wife” case that there was evidence of conviction under section 498A of the IPC.
“In cases like the present one, just because the wife has died in her marital home within two months after the marriage, the whole family cannot be stigmatized for having committed crimes as serious as (murder),” said the HC. He cleared the family of all charges, including those of the Dowry Prohibition Act and death by dowry.
The victim, a graduate in science, had married the defendant, a university professor, in July 2010. In September 2010, she was found hanging behind closed doors in a town in the Solapur district.
The husband was not at home at the time of the suicide, the HC noted.
The prosecutor said the husband and his family “should have known” the motive for “his suicide” and his father had complained of “mistreatment” for unmet dowry demands.
The HC said that the evidence establishes that there were no disputes between the members of both families or the husband and wife and “the medical evidence also proves beyond a reasonable doubt that the cause of death was asphyxia by hanging and, therefore Therefore, conviction for a crime under section 302 of the IPC is unjustified. ”

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