Limitation Period For Specific Performance Starts From Date Of Refusal If No Fixed Date Stipulated In Agreement: Karnataka High Court Pensionary Benefits Not ‘Pecuniary Advantage’, Cannot Be Deducted From Income For Motor Accident Compensation: Punjab & Haryana High Court Propounder Faces Heavy Burden Of Proof When Testator Is Illiterate; Registration Does Not Cure Unexplained Suspicious Circumstances: Supreme Court Mother Killing Minor Children Over Husband's Refusal To Take Her To Workplace Is Murder, Not Culpable Homicide: Andhra Pradesh High Court Specific Performance Of Registered Agreement To Sell Is No Longer Discretionary Post-2018 Amendment: Allahabad High Court Civil Court Has Jurisdiction To Determine If Tenanted Property Belongs To Joint Family Even If Tenancy Order Stands In Individual Karta's Name: Bombay High Court Notice Under Section 107 BNSS Mandatory Before Attaching Property; Right To Property Is A Constitutional Right: Calcutta High Court Post-Cognizance Arrest 'Makes No Sense' If Investigation Completed Without Arrest: Delhi High Court Grants Bail Under BNSS Criminal Courts Cannot Be Used To Settle Civil Inheritance Disputes Over Appreciated Land Values: Gujarat High Court Quashes Fraud Case Accused Must Raise Probable Defence To Rebut Statutory Presumption Under Section 139 NI Act If Signatures Are Undisputed: Himachal Pradesh High Court Passing Departmental Exam Not A Pre-requisite For Grant Of ACP/MACP Benefits: Jharkhand High Court Convenience Of Family And Accused Paramount For Jail Shifting; Trial Court Can't Reject Application Merely For Non-Residency: J&K High Court Litigants Who Attempt To Pollute The Stream Of Justice With Tainted Hands Are Not Entitled To Any Relief: Karnataka High Court Trial Court Must Implement Modified Preliminary Decree In Full: Telangana High Court Directs Partition Of Property Omitted In Final Decree Proceedings If Grievance Is Real But Lies Before Different Forum, Plaint Should Be Returned Under Order VII Rule 10 CPC, Not Rejected: Rajasthan High Court Bail Cannot Be Denied Merely Due To Severity Of Economic Offence If Evidence Is Documentary: Punjab & Haryana High Court Non-Compliance With Mandatory Duty To Inform Grounds Of Arrest Under Section 47 BNSS Is Impermissible: Orissa High Court Grants Bail Land Acquisition Award Finality Under Section 12 Is A Bar To Writ Petitions Challenging 'Public Necessity': Madhya Pradesh High Court State As Eminent Domain Is Obligated To Pay Adequate Compensation, Not Minimum To Suit Its Convenience: Madras High Court Kerala High Court Grants Emergency Parole To Life Convict To Execute Sale Deed, Repay Bank Loan To Prevent Family's Eviction High Court Cannot Act As Court Of First Instance In Service Matters Amenable To CAT Jurisdiction: Delhi High Court Election Tribunal Has No Jurisdiction To Declare Caste Certificate Forged, Authority Vests Solely With Scrutiny Committee: Allahabad High Court Order IX Rule 7 CPC Requires 'Good Cause' Not 'Sufficient Cause'; Trial Court Can't Apply Higher Threshold To Pre-Decree Proceedings: Telangana High Court Victim Cannot Maintain Appeal Seeking Enhancement Of Sentence Under Section 372 CrPC; Such Power Exclusively With State: Rajasthan High Court Disability Pension: Presumption In Favour Of Personnel If Found Fit At Enrollment; Percentage Must Be Rounded Off: Punjab & Haryana HC Employee Entitled To Second Kramonnati Benefit If Promotion To Higher Post Does Not Result In Higher Pay Scale: Madhya Pradesh High Court Borrowers Can Be Granted Opportunity To Clear Loan Overdues In Installments To Prevent Coercive Action Under SARFAESI Act: Kerala High Court

High Court Acquits Parents in Infanticide Case: Act on Body Believed Lifeless Does Not Constitute Culpable Homicide

07 May 2024 8:19 AM

By: Admin

In a landmark judgment, the Kerala High Court today acquitted a couple previously convicted for the murder of their infant daughter. The pivotal legal observation by the Honorable Justices P.B. Suresh Kumar and Johnson John stated, "Act on body believed to be lifeless does not constitute culpable homicide," setting a significant precedent in criminal jurisprudence.

The appellants, Prathibha and Bashdev, were initially convicted by the Additional Sessions Court for offenses under Sections 302 and 201 read with Section 34 of the Indian Penal Code (IPC), pertaining to murder and the disposal of evidence. The case hinged on whether the act of disposing of a body, believed to be lifeless, could attract the offense of culpable homicide.

In the detailed judgment, the High Court meticulously analyzed the circumstances leading to the infant's death and the subsequent disposal of the body in the Arabian Sea. While the Sessions Court had found the couple guilty of murder and evidence disposal, it acquitted them of the grievous hurt charge.

The defense's main contention was the lack of knowledge about the infant's life at the time of disposal. The couple argued that they believed their child was already deceased, a point the prosecution contested. However, after evaluating the evidence and witness testimonies, the High Court found insufficient proof that the accused knew the child was alive when disposing of the body.

Referencing legal precedents and Section 299 of the IPC, the court concluded that an act performed on a body believed to be lifeless does not constitute culpable homicide. This interpretation was crucial in the decision to set aside the convictions.

As a result of this judgment, the accused couple was acquitted of all charges and ordered to be released forthwith, unless required in connection with any other case. This decision not only brings relief to the accused but also marks a significant moment in the legal landscape, addressing complex issues surrounding the interpretation of culpable homicide.

Date of Decision: 22nd November 2023

Bashdev VS State of Kerala Inspector of Police

 

Latest Legal News

  • by sayum
    07 July 2026 10:48 AM
Criminal Courts Cannot Be Used To Settle Civil Inheritance Disputes Over Appreciated Land Values: Gujarat High Court Quashes Fraud Case
  • by sayum
    07 July 2026 10:47 AM
Post-Cognizance Arrest 'Makes No Sense' If Investigation Completed Without Arrest: Delhi High Court Grants Bail Under BNSS
  • by sayum
    07 July 2026 8:26 AM
Notice Under Section 107 BNSS Mandatory Before Attaching Property; Right To Property Is A Constitutional Right: Calcutta High Court
  • by sayum
    07 July 2026 8:25 AM
Civil Court Has Jurisdiction To Determine If Tenanted Property Belongs To Joint Family Even If Tenancy Order Stands In Individual Karta's Name: Bombay High Court
  • by sayum
    07 July 2026 8:24 AM
Borrowers Can Be Granted Opportunity To Clear Loan Overdues In Installments To Prevent Coercive Action Under SARFAESI Act: Kerala High Court
  • by sayum
    07 July 2026 8:23 AM
Employee Entitled To Second Kramonnati Benefit If Promotion To Higher Post Does Not Result In Higher Pay Scale: Madhya Pradesh High Court