Case Presentation Sharad Birdichand v state of Maha, Cheat Sheet of Law of Evidence

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Sharad Birdhichand

Sharda v State of

Maharastra

17 July, 1984, 1984 AIR 1622, 1985 SCR (1) 88

Manju, the victim, married the appellant Sharad Birdhichand on 11th February

deceased was looking forward to a married life of merriment but was subject to ill-treatment According to the prosecution on March 17th, 1982, the appellant called Manju to the Pearl Hotel where he introduced her to Ujvala. On 11th June 1982 around 11 p.m. Manju accompanied by Anuradha( Wife of Appellant 2) and her children returned to the flat. Brought Dr Lodha who lived 1 ½ KM away. Dr Gandhi also came and both of them declared Manju dead and the cause of death was unatural death.

ESSENTIAL FACTS

RULE OF LAW

1. Section 32 clause (1) of the Indian Evidence Act, 1872.
2. Sections 120B and 302 of the Indian Penal Code, 1862

ISSUES

1. Whether the letters written by the deceased can be termed as a Dying Declaration as under Section 32(1) of the Indian Evidence Act, 1872?
2. Whether the appellant can be convicted solely on the basis of circumstantial evidence?

ADMISSIBILITY OF LETTERS AND ORAL STATEMENT UNDER SEC 32(1) Some of the letters and oral testimony admissible as it shows state of mind of person and what prompted them to commit suicide Test of proximity not too literal Written statement of deesaed can be used to judge probative/legal validity of testimony regarding oral statement made by the deceased.

PANCHEEL PRINCIPLE OF CIRCUMSTANCIAL EVIDENCE 1 2 3 4 5 the circumstances from which the conclusion of guilt is to be drawn should be fully established The facts so established should be consistent only with the hypothesis of the guilt of the accused,. the circumstances should be of a conclusive nature and tendency. they should exclude every possible hypothesis except the one to be proved There must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused These five golden principles constitute the panchsheel of the proof of a case based on circumstantial evidence.

Justice Varadarajan gave a concurring opinion denying the admissibility of the letter under sec 32(1) as they did not form part of the "transaction" leading to death.

Lois Lane and Lex Luthor got married to each other in 2014. The couple lived peacefully together but after six months together disputes arose between them. Lois complained to her friend Jimmy through letters ,on several occasions, about harassment by Lex and her in-laws. In some of these letters she mentioned that her husband and in-laws locked her in her room the whole day and did not give her any food. And her husband also once said to her I wish sometimes, that you go to sleep and never wake up. On March 30th 2015 Lois was admitted in the hospital with 80% burns. She passed away on the way to the emergency room. Also another relevant piece is that Lena Luthor, sister of Lex, before the incident. hadLex and Lois had come to her house for a party and they left together after the party.

CLASS DISCUSSION