IMPORTANT POINT
The main legal point established in the judgment is that the burden of proof rests upon the prosecution to prove the guilt of the accused beyond reasonable doubt. The application of legal presumptions, such as Section 106 of the Indian Evidence Act, must be considered in light of the sufficiency of evidence and the principles of circumstantial evidence.

JUDGMENT :

CHANDRA SHEKHAR JHA, J.

1. The present appeal is preferred challenging the judgment dated 22.08.2022 and order of sentence dated 26.08.2022 passed by the learned Additional District and Sessions Judge-III, Gaya in Sessions Trial No. 4 of 2020 arising out of Belaganj P.S. Case No. 292 of 2019 convicting the appellant under Section 302 read with 34 of the Indian Penal Code (for short ‘IPC’), where appellant/convict was sentenced for life imprisonment and to pay a fine of Rs. 5,000/- and in default, to undergo further imprisonment of one year.

2. The factual matrix of this case, as it springs from the written report of informant (PW-1), Safina Khatoon that marriage of her daughter Soni Khatoon (deceased) was solemnized with Guddu Shah (appellant/convict), S/o Khalil Sah of village-Laxmipur, P.S. Belaganj, District-Gaya before nine years as of now as per Muslim Customary Rites and Rituals. It is alleged thereof that appellant/convict, who is the husband of deceased along with other family members, i.e. father-in-law, namely, Khalil Shah, mother-in-law, namely, Maimun Khatoon, brother-in-law, namely, Saddam Shah and sister-in-law, namely, Juhi Khatoon collectively tortured her daughter and also alleged for physical assault. They also threatened her to kill. She came to know on 16.08.2019 at about 2:00 p.m. through villagers that her daughter was killed by her in-laws. On said information, she arrived at village-Laxmipur, where she found her daughter dead as a result of collective assault caused by above-named accused persons.

3. On the basis of aforesaid written information of PW-1, Belaganj P.S. Case No. 292 of 2019 was instituted on 16.08.2019 under Section 302 read with 34 of the IPC against appellant/convict along with other co-accused persons, where police after investigation submitted charge-sheet vide Charge-sheet No. 270 of 2019 dated 12.11.2019 under Section 302 read with 34 of the IPC.

4. The learned Jurisdictional Judicial Magistrate after taking note of materials collected during course of investigation, took cognizance under Section 302 read with 34 of the IPC against the appellant/convict and committed the case to the court of sessions for trial.

5. Upon commitment, the learned trial Court taking note of the materials available on record, framed charge against the appellant/convict along with other co-accused persons facing trial, (who are not appellant before this Court) under Section 302 read with 34 of the IPC, which was duly explained to them where appellant/convict plead “not guilty” and claimed for trial.

6. After conclusion of trial, the learned trial court found the appellant/convict guilty of the offence punishable under Section 302 read with 34 of the IPC, where he was sentenced to undergo imprisonment for life along with fine of Rs. 5,000/- and in default, to undergo further imprisonment of one year.

7. Aggrieved thereof, the appellant/convict preferred present appeal. Hence, the present appeal.

8. The prosecution in support of its case examined altogether six witnesses. They are PW-1, namely, Safina Khatoon, who is the informant of this case, PW-2, namely, Izrael Shah, who is the maternal uncle of deceased Soni Khatoon, PW-3, namely, Md. Shagir Shah, PW-4 is Md. Danish, PW-5 is Dr. Purnendu Shekhar and PW-6 is Arun Kumar Singh, who is the Investigating Officer of this case.

9. The prosecution has also relied upon following exhibits to substantiate its case:

10. By taking note of the evidences available on record, the statement of the appellant/convict was recorded under Section 313 of the Code of Criminal Procedure (for short ‘Cr.P.C.’) by stating him about all the incriminating circumstances where he stated about false