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Badam Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
(Nalin Kumar Srivastava, J.)
1. The accused-appellant Badam Singh was convicted under Section 302 of IPC and sentenced for life imprisonment with fine of Rs.50,000/- with the stipulation of default clause vide judgment and order dated 28.7.2016 passed by the Sessions Judge, Budaun in Sessions Trial No. 666 of 2015 (State Vs. Badam Singh) arising out of Case Crime No.361 of 2015, Police Station- Zarif Nagar, District- Budaun. Feeling aggrieved with the same, accused appellant has preferred this appeal.
2. The brief facts culled out from the record are that on the basis of a written report submitted by the complainant at Police Station- Zarifnagar, District- Budaun, a Case Crime No.0361 of 2015 was registered in which averments were made that Ram Bholi, daughter of the complainant, was married to Badam Singh son of Chhote Lal (accusedappellant) as per hindu rites and rituals. After few days of the marriage, a demand of motorcycle and buffalo was raised as additional dowry. The said demand was told to the informant by her daughter. When the informant inquired about the said de
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 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....
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.
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....
Point of law : It is clearly discernable that for a conviction to stand on the basis of circumstantial evidence, the facts so established should be consistent only with the hypothesis of guilt of the....
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....
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.
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