ANANDA SEN, GAUTAM KUMAR CHOUDHARY
Girivardhari Dubey S/o Late Surendra Nath Dubey – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
GAUTAM KUMAR CHOUDHARY, J.
1. Sole appellant is before this Court in appeal against the judgment of conviction and sentence under Section 302 and 201 of the IPC.
2. Informant of the case is the father of the deceased, who was married to the appellant two years before the incidence. As per the FIR dated 02.01.2007, deceased was at her parental home and the appellant took her from there on 27.12.2006 at 5.30 in the morning on the pretext of getting her treated. At that time, his daughter was carrying a pregnancy of four months. On 01.01.2007, it was rumored that his daughter’s dead body was in a well in Village Manjhigama. The dead body was in a decomposed condition. It was suspected that the appellant had committed her murder and thrown the dead body in the well.
3. On the basis of the fardbeyan, Manjhiyaon P.S. Case No. 02/07 was registered under Sections 302, 201/34 of the IPC against the appellant. Police on investigation, submitted charge sheet and the appellant was put on trial. Altogether nine witnesses have been examined on behalf of the prosecution and relevant documents including post mortem examination report and FIR, have been adduced into evidence and marked as Ex
Banwari Ram & Others vs. State of U.P. (1998) 9 SCC 3
Kehar Singh & Others vs. State (Delhi Administration)
The prosecution must establish homicidal death for a murder conviction, and failure of the accused to explain circumstances can lead to a presumption of guilt.
The court upheld the conviction for murder based on established domestic violence and the presumption of guilt due to the circumstances surrounding the death.
The court emphasized the necessity of rigorous scrutiny in capital cases, ruling that the prosecution's circumstantial evidence was insufficient to uphold a death sentence.
The failure to properly question the accused regarding key circumstantial evidence can lead to serious prejudice and a miscarriage of justice, necessitating the reversal of a conviction.
The prosecution must prove its case beyond doubt, and it cannot rely on the weakness of the defence version to prove its case.
The main legal point established in the judgment is the requirement for the prosecution to prove the case beyond reasonable doubt, and the importance of conducting a thorough and unbiased investigati....
The court affirmed the conviction under Section 302 IPC, emphasizing the necessity of a complete chain of circumstantial evidence and the burden on the accused to explain circumstances surrounding th....
The established principle is that circumstantial evidence must be conclusive and consistent to affirm the guilt of the accused beyond reasonable doubt.
The prosecution must prove each circumstance in a case based on circumstantial evidence beyond reasonable doubt, and failure to establish homicidal death warrants acquittal.
The court emphasized the importance of establishing the accused's conduct and actions in relation to the crime, and the lack of supporting evidence for the defense's claims.
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