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 filed 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 brunt 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 precedents. In the case on hand, there is ample evidence to show that even prior to the incident in question, the appellant used to beat the deceased and ill-treat her. It is in the light of the said fact that other evidence requires to 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.”
