nA man convicted of murdering his wife by a lower court was acquitted by the high court because his involvement could not be proved “beyond reasonable doubt”. Restoring the order of conviction passed by the trial court, the Supreme Court further held that the suspicious conduct of the accused strengthens the prosecution’s version in a criminal case. In this case, the accused claimed to have reached the scene of the crime after the murder. If that was true, then logically he should have lodged a police complaint. He, however, could not give a reasonable explanation as to why he had failed to lodge an FIR about his wife’s death. This strengthened the case against him (State of Rajasthan vs Om Prakash).
nA licenced porter fell off the platform onto the tracks and was crushed by a goods train. The Railway Tribunal rejected his family’s claim for compensation as he was not a railway employee. The claimants then approached the court. The Kerala High Court held that although the porter was not a railway employee, his family is entitled to compensation under Section 124A of the Railways Act. This particular section says that the railways should pay compensation to anyone, including a passenger or a platform ticket holder who is injured or dies in an accident on railway premises. The porter had a licence to work on railway premises, so his status was that of a platform ticket holder, the court ruled (Philomena and another vs Indian Railways represented by Divisional Manager).
nSection 25 of the Hindu Succession Act disqualifies a person who commits or abets murder from inheriting the property of the victim. As the state began a case against the widow for murder, the civil court refused her a succession certificate in an order dated October 1, 2005. She was, however, acquitted of murder on December 21, 2005. She subsequently challenged the order of the civil court. The Bombay High Court ruled that since a judgement of “clear acquittal” had been passed in her favour, the widow should not be disqualified from inheriting the estate of her deceased husband (Sarita Chauwhan vs Chetan Chauwhan).
SOLON
