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One Shamim, was accused of murdering and injuring some persons. The main witnesses in the prosecution case was her own daughter who said that her mother herself told her that the murder was the consequence of not listening to her and that her husband will meet the same fate. The accused was acquitted by the Trial Court but the High Court convicted her and sentenced her to life imprisonment and it also denied the benefit of remission in sentence, till the completion of the custody. It further observed that the murder was the cause of opposition to the marriage between her daughter and Ishrat Ali.
It was contended that the evidence given by the daughter was not reliable. The bench observed that normally the evidence must be given weightage since there is no reason to hide the culprit and no reason can’t be seen as to why the same principle is not applied in this case. Since, it requires a great strength for a daughter to depose against her own mother.
Therefore, it was observed by the Bench that deposition must be considered as a corroborative evidence, as per the relationship between the witness and appellant. The bench affirmed the conviction and it set aside the direction for denial of remission since no reasons were given for the same.
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