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vijetatyping


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The Sessions Court was of the opinion that the appellant had a strong motive and had the opportunity of committing the act. It held that if the appellant is to be excluded, there should have been a reasonable possibility of anyone else being the real culprit, as such the chain of evidence can be considered to be complete as to show that in all probabilities the crime must have been committed by the appellant. For this the appellant sleeping in the same room as the deceased was sleeping and that the appellant did not suffer any injuries were held as the circumstances to rule out the possibility of accidental fire. Since the appellant had not explained how she came out of the room without any burn injuries and deceased Mandabai had suffered injuries, coupled with the kerosene residues traced on the frock of Nikita, the Sessions Court held that adverse inference can be drawn that the appellant set fire to the house. The fact that she was the second wife and the husband of the appellant had executed an agreement transferring his land in favour of deceased Mandabai was held as the motive to commit the offence, more particularly since she wanted to establish her dominance in the house.
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Text Practice - Time 1725 - English

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