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MANOJ MISRA, SAMEER JAIN
Sunil Kumar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. This appeal has been filed against the judgement and order dated 2.11.1999 passed by Additional Sessions Judge/Special Judge, Gangsters Act, Court No. 5, Etah in S.T. No. 70 of 2018, whereby, though the appellant Sunil Kumar, co-accused Gajraj Singh and Nirmala Devi have been acquitted of the charge of offences punishable under Sections 498A, 304B IPC and ¾ Dowry Prohibition Act but, the appellant -Sunil Kumar has been convicted under Section 302 IPC and sentenced to imprisonment for life whereas, the co-accused Gajraj Singh and Nirmala Devi have been acquitted of the charge of offence punishable under Section 302 read with Section 34 IPC. While admitting this appeal, vide order dated 7.12.2019, lower court record was summoned and office was directed to prepare the paper book of the appeal. Paper book of the appeal is ready therefore, with the consent of Sri Sanjeev Kumar Pandey, learned counsel for the appellant, and Sri Amit Sinha, learned AGA for the State, this appeal has been heard and is being decided finally by this order.
Introductory facts
2. The wife of the appellant-Sunil Kumar, namely, Sangeeta was married to the appellant on 20.2.2015. She died in her matrim
Point of law : Fundamental principle of criminal jurisprudence is that the accused must be and not merely may be guilty before a court can convict and the mental distance between 'may be' and 'must b....
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.
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 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....
(1) Murder – If in a case based on circumstantial evidence, accused evades response to an incriminating question or offers a response which is not true, such a response, in itself, would become an ad....
(1) Courts are expected to be sensitive in cases involving crime against women.(2) Burden of proof – Ordinary rule that applies to criminal trials that onus lies on prosecution to prove guilt of accu....
The judgment establishes the application of circumstantial evidence in dowry death cases, emphasizing the burden of proof on the accused, the need for a complete chain of evidence, and the rejection ....
The court upheld the conviction under IPC Section 302, emphasizing that circumstantial evidence must form a complete chain, proving guilt beyond reasonable doubt without the accused providing an adeq....
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