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GOUTAM BHADURI, RADHAKISHAN AGRAWAL
Malram Manjhi S/o Bhikhram Manjhi – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
Goutam Bhaduri, J
1) The present appeal is against the judgment of conviction and order of sentence dated 13th February, 2020 passed by the Sessions Judge, Ambikapur, Distt. Surguja in Sessions Trial No.73/2019 whereby the appellant has been convicted for the offence punishable under section 302 IPC and sentenced to undergo R.I. for life and to pay a fine of Rs.500/- in absence of payment of fine to further undergo R.I. for six months.
2) According to the prosecution case, on 07.06.2019 the complainant Dilsai Manjhi (P.W.5) the brother of appellant appeared before the Police Chowki Kodma, Police Station Udaipur and got recorded merg information that on 06.06.2019 at about 11.15 p.m., his brother appellant woke him-up and stated that he has assaulted his wife with an Axe on her neck, thereby she has died. On a query being made, it was stated that the deceased-wife always used to quarrel for late-coming of her husband and she was reluctant to serve food. Being agitated, on such issue he has assaulted his wife. Thereafter on 07.06.2019 the complainant went to the spot and subsequently the merg was registered by Ex.P-12 and on the basis of that, the FIR came to be registered by
Section 106 of the Evidence Act reads Burden of proving fact especially within knowledge – When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him.
The burden of proving a plea specially set up by an accused lies upon the accused, and in cases based on circumstantial evidence, the prosecution must establish a complete chain of evidence to prove ....
The judgment establishes the application of Section 106 of the Evidence Act and the principles governing the burden of proof in cases based on circumstantial evidence.
The judgment establishes the principle that in cases based on circumstantial evidence, the prosecution must prove the guilt of the accused beyond reasonable doubt. The application of Section 106 of t....
The burden of proof under Section 106 of the Evidence Act places a duty on the accused to offer a plausible explanation for the circumstances of the crime, especially in cases of circumstantial evide....
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