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ASHUTOSH KUMAR, VIPUL M. PANCHOLI
Ram Nath Thakur – Appellant
Versus
State of Bihar – Respondent
Ashutosh Kumar, J.—We have heard Mr. Suraj Narayan Yadav, the learned Advocate for the appellant and Mr. Abhimanyu Sharma for the State.
2. The appellant, who is the husband of the deceased has been convicted for the offences under Sections 302/201 of the Indian Penal Code vide judgment and order dated 10.11.2016 passed by the learned 13th Additional Sessions Judge, Muzaffarpur in Sessions Trial No. 20 of 2016, arising out of Paroo P.S. Case No. 74 of 2013, and has been sentenced to undergo R.I. for life, to pay a fine of Rs. 10,000/- and in default of payment of fine, to further suffer imprisonment for two months and R.I. for four years under Section 201 of the IPC. The sentences have been ordered to run concurrently.
3. The FIR has been registered by Baichu Thakur (PW-4), who is the father of the deceased on 22.05.2013, alleging that his daughter was married to the appellant on 08.04.2001 as per Hindu rites and customs. However, since the beginning of the marital life, the deceased was troubled in various ways by the appellant and members of his family. The intercession by PW-4 did not bear any fruit and his daughter had to come back to her parental home. Vexed by this, the decease
The prosecution must establish basic facts before invoking Section 106 of the Evidence Act; failure to do so results in the benefit of doubt for the accused.
Criminal Law – Offence of Murder - Burden of proving fact especially within knowledge - Prosecution has succeeded in establishing other circumstances in chain raising a strong presumption of guilt ag....
The court established that the failure to communicate material circumstances to the accused during trial can lead to a miscarriage of justice, necessitating acquittal if the prosecution's case is not....
The provisions of Section 106 of the Evidence Act itself are unambiguous and categoric in laying down that when any fact is especially within the knowledge of a person, the burden of proving that fac....
Burden of proof – In a case based on circumstantial evidence, whenever an incriminating question is posed to accused and he or she either evades response, or offers a response which is not true, then....
The main legal point established in the judgment is the requirement for the prosecution to prove the case beyond reasonable doubt, and the importance of conducting a thorough and unbiased investigati....
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