Issues
- Whether an inquest report is a substantive piece of evidence?
- Who has the burden of proof in the case when the plea of alibi is taken by the accused?
- Whether testimony of informant to be taken into account even if given by close relative?
Held
- An inquest report is not substantive evidence and the objective of the same is to find out whether a person who has died under suspicious circumstances and what may be the apparent cause of his death.
- The burden of proof to establish the plea of alibi will be on the accused and is required to establish the plea of alibi with certitude.
- The testimony of the informant cannot be waived away merely because it’s the testimony of the close relative.
Relevant Para No.
- 16, 24 & 32