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SHREE CHANDRASHEKHAR, RATNAKER BHENGRA
Vinod Kumar Keshri @ Binod Kumar Keshari, son of late Durga Prasad Keshri – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
(Shree Chandrashekhar, J.) :
Vinod Kumar Keshri, who lodged a report with the police on the basis of which Sadar PS Case no.1087 of 2015 was lodged against his brother-in-law Surendra Prasad Keshari, is aggrieved of the judgment dated 25th August 2018 passed in Sessions Trial No. 36 of 2016 by which the accused has been acquitted of the charge under section 302 of the Indian Penal Code framed against him for causing death of his wife Babita Keshri.
2. The main plea urged on behalf of the informant-appellant is that the trial Judge misdirected himself and shifted the burden on the prosecution whereas reverse burden under section 106 of the Indian Evidence Act was to be answered by the accused.
3. Mr. Shailendra Jit, the learned counsel for the appellant has referred to paragraph no.27 of the judgment under challenge wherein the learned Sessions Judge has recorded that (i) there is no evidence of last seen together and (ii) no recovery has been made from the accused.
4. The plea urged on behalf of the appellant is that in a case where a married woman is found dead in her matrimonial home in suspicious circumstances the aforesaid considerations by the trial judge were not ge
In cases of circumstantial evidence, the prosecution must establish a complete chain of events excluding all hypotheses of innocence. Section 106 of the Evidence Act does not shift the burden of proo....
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 prosecution must prove guilt beyond reasonable doubt; suspicion alone is insufficient for conviction.
(1) Section 106 of Evidence Act does not directly operate against either a husband or wife staying under same roof and being last person seen with deceased.(2) In a case of circumstantial evidence, m....
(1) Murder – Circumstances howsoever strong cannot take place of proof and guilt of accused have to be proved by prosecution beyond reasonable doubt.(2) Burden of Proof – Section 106 of Evidence Act ....
The prosecution must prove the case beyond reasonable doubt, and the court must put all incriminating circumstances to the accused under Section 313 of the Cr.P.C.
The burden of proof lies with the prosecution in cases of dowry death, and circumstantial evidence must be conclusive to establish guilt beyond reasonable doubt.
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