Back
ASHUTOSH KUMAR, VIPUL M. PANCHOLI
Rupchand Kewat, S/o. Late Sukhu Kewat – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
Ashutosh Kumar, J.
We have heard Mr. Anil Kumar for the appellants in Cr. App. (SJ) No. 80 of 2016 and Cr. App. (SJ) No. 167 of 2016. The Cr. App. (DB) No. 420 of 2016, which is for enhancement of sentence to the appellants, has been addressed by Mr. Amrendra Kumar Sinha, learned advocate. Mr. Abhimanyu Sharma, learned counsel for the State has appeared in all the three appeals.
2. Sunita Devi, wife of the appellant/Indal Kewat is alleged to have been killed sometimes on 25.05.2011. Her father Rupchand Kewat (P.W.7) lodged the F.I.R. alleging that on 26.05.2011, he learnt that his daughter has been killed by strangulating her and her dead body has been disposed off. On such information, he immediately proceeded to the matrimonial home of his daughter but did not find any one of the appellants in the house. On suspicion because of such information having been received by him, he enquired from the neighborhood and learnt that about a day before i.e. on 25.05.2011, there had been a fight between his daughter (deceased) and his son-in-law/appellant/Indal Kewat whereafter the father-in-law, the mother-in-law and the husband of the deceased killed her and disposed off the dead bo
The judgment emphasizes the importance of credible evidence and the burden of proof on the prosecution in criminal cases.
The standard of proof for convicting a person of murder requires complete and conclusive evidence, and the prosecution must establish that the deceased 'must have' been killed by the accused.
The principle that the prosecution must prove its case beyond a reasonable doubt, and that inconsistencies in witness testimony can lead to reasonable doubt, resulting in acquittal.
The prosecution must prove beyond reasonable doubt the essential elements of dowry death, including the timing of the marriage and the link between dowry demands and the death, as well as the decease....
The prosecution must prove guilt beyond reasonable doubt in homicide cases, relying on clear circumstantial evidence while providing plausible alternative explanations.
The benefit of doubt must be given when the identification of crucial evidence is doubtful and key witnesses are not examined, as it affects the burden of proof.
The importance of proving guilt beyond all reasonable doubt in cases relying on circumstantial evidence.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
