Mere Presence Of Husband In House With Wife In A ‘Hanging Position’ Not Sufficient To Presume His Guilt

Case: Sri Akhil Das v State of Tripura

Coram: Justices Amarnath Goud and Justice Arindam Lodh

Case No.: CRL.A.(J)57 of 2020

Court Observation: “The mere presence of the accused persons and the last seen of offence along with the child in the hut with the deceased woman (wife) in a hanging position cannot draw an inference and the circumstantial evidence cannot be connected that the husband has killed the wife. It is needless to observe that in a family the wife, the husband and the child who stays under one roof, any conjugal relation is obvious amongst the couple. Since it has not been proved who had killed the wife, the prosecution has failed to prove the case beyond reasonable doubt.”

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