Sec.302 I.P.C - Appreciation of evidence –Whether the Apex court can interfere and reappraise the entire evidence at second appeal – yes - allegations that accused killed her foster mother – all evidence accepted that foster mother and her brother mentally handicapped was looking after well by the Accused and as such she executed a will deed in favour of accused on condition to marry a Christian girl – she has not bequeathed any property to her other brothers –foster mother was taken to hospital on Cardiac Arrest – after treatment , she failed to recover and died- Doctor gave a certificate also to that effect – in post-mortem it was alleged that she was died due to Asphyxia as a result of smothering – both courts convicted the accused for life – Apex court held that lower courts failed to take notice that pending case some of the properties were sold by her brothers and also failed to take notice that mentally handicapped brother was also died within few days after her death as her remaining brothers failed to take care of him and also as the accused was behind the bars and further held that lower courts failed to take notice of the fact that due to condition in the will deed to marry a Christian Girl, by killing foster mother, the accused would not get any property of her immediately – motive failed as alleged by prosecution and also failed to take notice that all jewellery and cash were in safe in the same home, accused has not stolen anything and also failed to take notice that all the recoveries are make belief stories only and held that Where findings of subordinate courts are shown to be “perverse or based on no evidence or irrelevant evidence or there are material irregularities affecting the said findings or where the court feels that justice has failed and the findings are likely to result in unduly excessive hardship – Apex court allowed the appeal and set aside the conviction –2015 S.C.(2014) MSK Law Reports 6
Sadly, on 1st March, 2006, Dorathi Kutinho had to rush to a hospital. As per the appellant, she had complained of chest pain. By the time she reached the hospital, she had died. The doctor who examined her issued a certificate stating that she had died of cardiac arrest. However, as per the postmortem done few days later, the cause of death was found to be Asphyxia as a result of smothering. The appellant was roped in as an accused committing murder of Dorathi Kutinho and was put to trial. It is stated that in the Will, a condition was put that the appellant will succeed to the estate of Dorathi only if he marries a Christian lady and the appellant who was Hindu by religion did not want to marry a Christian girl. This g...