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december 2016

Supreme Court of India · 2016-12-15

H.D. Sikand (D) Th:Lrs vs C.B.I.& Anr

Citation / case number
AIR 2017 SUPREME COURT 164
Court
Supreme Court of India
Petitioner
H.D. Sikand (D) Th:Lrs
Respondent
C.B.I.& Anr
Author
Pinaki Chandra Ghose
Bench
Amitava Roy, Pinaki Chandra Ghose

Judgment text excerpt

The Supreme Court overturned the Delhi High Court's judgment acquitting Lt. Col. S.J. Chaudhary of murder charges, emphasizing that the acquittal was based on misinterpretation of evidence and failure to consider the context of ongoing harassment. The Court reaffirmed the applicability of Section 302 IPC in cases of domestic violence leading to murder, holding that the evidence presented warranted a conviction. The Court remanded the case for retrial, underscoring the need for a thorough examination of the facts surrounding the victim's death and the accused's conduct.

H.D. Sikand (D) Th:Lrs vs C.B.I.& Anr · Niyam