Supreme Court of India

Babu v. State of Kerala

Neutral citation

Reported as [2010] 9 S.C.R. 1039

Bench P. Sathasivam and Dr. B.S. Chauhan JJ.

Decided 11 August 2010

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

19 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the above, the judgment and order of the High Court impugned herein dated 5.8.2008 in Criminal Appeal 8 No.908 of 2004 is hereby set aside and judgment and order of the Trial Court dated 8.4.2003 is restored.

Judgment, page 37

From the headnote

Penal Code, 1860 - s. 302 - Prosecution case that husband murdered his wife by giving her sodium cyanide - Charge framed u/s. 302 - Acquittal by trial court - However, conviction by High Court - On appeal, held: Prosecution has to prove its case beyond reasonable doubt - No direct evidence regarding taking or administering the poison to deceasecJ - All circumstances raising doubts - Failure of prosecution to establish that husband made phone calls to the residence of deceased prior to the incident - Sodium Cyanide not recovered from husband nor remaining amount· of ayurvedic contraceptive

Authorities it was built on

2007 State of Goa v. Sanjay Thakran and Anr. cited by 32
2001 Hiten P. Dalal v. Bratindranath Banerjee cited by 15
2010 Ram Singh @ Chhaju v. State of H.P. cited by 3

Where later benches applied it

2024 Sri Dattatraya v. Sharanappa relied on
2022 Raju @ Rajendra Prasad v. State of Rajasthan relied on
2021 Nagabhushan v. The State of Karnataka relied on
2020 Chaman Lal v. The State of Himachal Pradesh relied on
2020 Raveen Kumar v. State of Himachal Pradesh relied on
2020 Anwar Ali and Another v. The State of Himachal Pradesh relied on
2013 Sujit Biswas v. State of Assam relied on
2013 R. Shaji v. State of Kerala. relied on
2011 Mrinal Das & Ors. v. The State of Tripura relied on
2011 S. Ganesan v. Rama Raghuraman &.ors relied on
2025 Nagamma @ Nagarathna & Ors. v. The State of Karnataka referred to
2023 Pradeep Kumar v. State of Chhattisgarh referred to
2022 Vijay Madanlal Choudhary & Ors. v. Union of India & Ors. referred to
2021 Achhar Singh v. State of Himachal Pradesh referred to
2021 Guru Dutt Pathak v. State of Uttar Pradesh referred to
2021 Shivaji Chintappa Patil v. State of Maharashtra referred to
2013 Raj Kumar Singh @ Raju @ Batya v. State of Rajasthan referred to
2011 State of U. P. v. Mohd.. Iqram & Anr. referred to
2012 Jugendra Singh v. State of U.P. mentioned

Of those, 10 relied on · 8 referred to · 1 mentioned

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