Penal Code (45 of 1860), S.300 - MURDER - Murder - Proof - Conduct of accused - Merely because appellant did not cry or weep on witnessing dead bodies of his wife and daughter, cannot be made basis of his guilt - No hard and fast rule having any universal application with regard to reaction of person in given circumstance can be laid down - One person may lose equilibrium and balance of mind, but, another may remain a silent spectator till he is able to reconcile himself and then react in his own way. (Paras 43, 44) ( reproduced below)
43. No hard and fast rule having any
universal application with regard to the reaction of a person in a given
circumstance can, thus, be laid down. One person may lose equilibrium and
balance of mind, but, another may remain a silent spectator till he is able to
reconcile himself and then react in his own way.
44. Thus, merely because the
appellant did not cry or weep on witnessing the dead bodies of his wife and
daughter, cannot be made the basis for informing his guilt.
AIR 2008 SUPREME COURT 2205
Dinesh Borthakur v. State of Assam
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