Monday, 9 November 2015

Whether evidence of father and brother of deceased wife can be disbelieved on the basis of subsequently produced suicide note by accused?

So far as the suicide note is concerned, Archana is said to have stated that she is taking the step “suicide” because her mental condition is not good and that nobody should be held responsible for her act. It is pertinent to note that suicide note was not discovered during investigation but it was later produced by the appellants. When PW-1 (father of Archana) was confronted with the suicide note, PW-1 denied it to be in the hand writing of Archana. Appellants have not taken steps to prove the suicide note to be in the hand writing of Archana. Even assuming the suicide note to be true, the fact remains that the death of Archana was unnatural. The contents of the suicide note does not affect consistent version of PW-1 and PW-2.
Supreme Court of India
V.K.Mishra & Anr vs State Of Uttarakhand & Anr on 28 July, 2015
Citation; AIR 2015 SC3043

Bench: T.S. Thakur, R.K. Agrawal, R. Banumathi
Read full judgment here; click here
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