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Sayed Maqsood Ahmed   18 January 2022

section 392 IPC

Question:
In a case of murder (section 300 of IPC), all 7 witnesses stated alike that the accused 'A' had assaulted the deceased 'D', a 62 year old woman, on her head with an iron rod and after a lapse of two days, D died.
The postmortem report revealed that the deceased had died due to haemorrhage which occurred due to sudden rupture of cerebral aneurysm. However, there was no sign of any trauma on her scalp.
As a matter of fact, 'D's' son-in-law 'S' had administered to her a painkiller on the night she was assaulted by 'A'.

If you were the defence counsel, how would you argue before the court making a case of
acquittal?


 1 Replies

Sangeetha Km   18 January 2022

1. Can take plea alibi under section 103 of Indian Evidence Act.

2. If the iron rod is not recovered, then can take section 60, indian evidence act hearsay evidence is not admissible. (however there are some exceptions to this provision)

3. Can take a ple that he was lunatic at the time of committing crime. under section 84 of ipc

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