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Dimati Devi Etc. vs. State of Uttarakhand (SC)

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Penal Code, 1860–Secs. 302/34–Conviction–Sustainable against whom ?–Appellant is mother-in-law of deceased–Unnatural death–Cause of death was neurogenic shock caused by ante mortem injuries on the neck–Observation of High Court that the appellant failed to discharge the burden u/s. 106 of the Evidence Act–No evidence to find any common intention of the mother and son in committing the crime–Further, there is no evidence to prove the alleged conspiracy–Dowry death was not proved–Only evidence with regard to culpable homicide amounting to murder–It cannot be said that the appellant-mother-in-law participated in the crime–Held, she is entitled to be acquitted.