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ASHUTOSH KUMAR, JITENDRA KUMAR
Bishnu Yadav @ Bishundev Yadav @ Bishnudeo Yadav – Appellant
Versus
State of Bihar – Respondent
Ashutosh Kumar, J. – We have heard Mr. Praveen Kumar, the learned Advocate for the appellant/ Bishnu Yadav @ Bishundev Yadav @ Bishnudeo Yadav and Mr. Dilip Kumar Sinha, the learned APP for the State.
2. The appellant has been convicted under Section 498-A and 302 of the Indian Penal Code vide judgment dated 29.06.2016 passed by the 4th Additional and Sessions Judge, Banka in Sessions Trial No. 156 of 2015/ Trial No. 338 of 2016. By order passed on the same date i.e. on 29.06.2016, the appellant has been sentenced to undergo imprisonment for life, to pay a fine of Rs. 10,000/- and in default of payment of fine to further suffer RI for six months for the offence under Section 302 IPC. No separate sentence appears to have been passed under Section 498-A IPC. Despite this, the Trial Court has directed that both the sentences shall run concurrently.
3. There appears to be some non-application of mind while sentencing the appellant.
4. The deceased/ Fulkumari Devi is alleged to have been killed at the hands of he appellant and his father who has absconded. The deceased was married to the appellant about 17-18 years ago. Before that, she was married to the elder brother of the appellant. Wh
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.
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....
Advocates appeared :For the Appellant : Vivek Singh For the Respondent : Kamal Kumar Tiwari
The significance of circumstantial evidence, the importance of establishing motive in dowry-related crimes, and the burden of proof on the accused to explain the circumstances leading to the crime.
The court upheld the conviction for murder based on circumstantial evidence and the application of Section 106 of the Evidence Act, emphasizing the accused's failure to provide an alibi.
Persistent dowry demands and cruel treatment resulted in the presumption of guilt for murder; circumstantial evidence and statutory presumptions under Section 113-B of the Evidence Act applied.
The prosecution must establish guilt beyond reasonable doubt in criminal cases; circumstantial evidence requires a clear connection to the accused, not mere suspicion.
Point of Law : under Section 106 of Evidence Act, 1872, there is a corresponding burden on the accused-husband to give cogent explanation as to how the crime was committed. The appellant cannot get a....
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