Criminal cases are decided on facts and evidence rather than on case law and precedents

Criminal cases are decided on facts and evidence rather than on case law and precedents

 The Supreme Court in Sayarabano @ Sultanabegum v. State of Maharashtra, Cr. App. No. 141 of 2006 dismissed the appeal file by the appellant against her conviction under S. 302 IPC on the charge of murdering her daughter-in-law by burning. Though the deceased in her first dying declaration absolved the mother-in-law and others recorded by the Magistrate alleged in the subsequent dying declaration again recorded by the same magistrate that she was burnt by her mother-in-law.

The court observed thus;-

“In our opinion , criminal cases are decided on facts and on evidence  rather than on case law and precedence. In the case on hand, there is amble evidence to show that even prior to the incident in question, the appellant used to beat the deceased and ill treat her. It is the light of the side fact that other evidence requires t be considered. In our view both the Courts were right in relying upon the second dying declaration of the deceased treating it as true disclosure of facts by the deceased Halimabi.’

[Sayarabano @ Sultanabegum v. State of Maharashtra, Cr. App. No. 144 of 2006, decided on February 08, 2007]