TMI Blog1979 (4) TMI 165X X X X Extracts X X X X X X X X Extracts X X X X ..... hat of the Sessions Judge and it is not necessary for us to repeat the same all over again. It appears that the deceased was married to the respondent on the 8th June, 1969 but was unfortunately found dead at the house of the respondent on the morning of 14th June, 1969. The first person who attended her and found her dead was the respondent. He called his parents and tried to resuscitate the deceased by massaging her but to no avail. Thereafter, the parents of the deceased were informed but as they suspected some foul play, they lodged an F.I.R. at the Lahori Gate Police Station at 6.25 AM. After Police investigation, the matter was handed over to the C.B. I, which after, making a thorough investigation, submitted a charge sheet against th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent with; the innocence of the accused. In the instant case, the prosecution has clearly fallen short of proving this fact as rightly found by the High Court. 2. Mr. Lalit submitted that the main ground taken by the respondent was that the deceased died of epilepsy. It was submitted that the theory of epilepsy seems to have been imported by the accused in order to shield his guilt. We, however, find that a number of Doctors have been examined on the side of the prosecution viz. Dr. Bhushan Rao and Dr. Bishnu Kumar who have endeavoured to prove that in the instant case, epilepsy is ruled out. On the side of the defence, Dr. Sarin, Dr. Tandon, Dr. Khanna and Dr. Harbans Singh have been examined to prove that there was a strong possibility ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cution do not appear to be conclusive at all, and in the absence of any strong motive for the respondent to murder his newly married wife, we are unable to reverse the order of acquittal passed by the High Court. It was submitted by Mr. Lalit that the accused may have illicit relations with a neighbour who may have impelled him to commit murder. In the first place, this seems to be a very weak motive for the respondent to kill his wife whom he married very recently. Indeed1, if this was so, there was no earthly reason for the respondent to marry at all and to make preparation to go out for a honeymoon trip. 4. After having considered all the comprehensive aspects of the matter, we are satisfied that the High Court was fully justified in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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