Back
HIGH COURT OF JUDICATURE AT ALLAHABAD
SALIL KUMAR RAI, VINAI KUMAR DWIVEDI
Ram Brijesh – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
SALIL KUMAR RAI, J.
The appellant has been convicted under Section 302 IPC and Section 25 Arms Act by judgment and order dated 19.4.2019 passed by the Sessions Judge, Auraiya in Sessions Trial No. 249 of 2011 registered under Sections 498 -A, 304-B, 201, 404/411, 302/149 and Section 4 Dowry Prohibition Act as well as in Session Trial No. 250 of 2011 registered under of the Arms Act. The appellant has been sentenced to undergo life imprisonment and a fine of Rs.5,00,000/- for the charge under and two years imprisonment and a fine of Rs.5,000/- for the charge under Arms Act.
One Priyanka Raj (hereinafter referred to as the ‘deceased’), daughter of Raj Mohan Singh, the first informant, was married to the appellant on 13.5.2009. On 15.5.2010, the dead body of the deceased was found in the bushes outside the village. A first information report registering Case Crime No. 99/2010 under Sections 498 -A / 304-B / 201 IPC read with Section 3/4 Dowry Prohibition Act was registered in Police Station Bidhuna, District Auraiya on 15.5.2010 at 05:15 p.m.
The case of the prosecution, in short, is that the appellant and the in-laws of the deceased, i.e., the mother-in-law, the father-
The prosecution must prove guilt beyond reasonable doubt, and circumstantial evidence alone is insufficient without establishing clear links, particularly regarding presence at the crime scene.
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 judgment establishes the principle that the burden of proving guilt beyond reasonable doubt lies with the prosecution, and the use of circumstantial evidence must be complete and incapable of exp....
: : (1) Absence of motive in a case depending on circumstantial evidence is a factor that weighs in favour of accused. (2) Circumstance of last seen together does not by itself and necessarily lead t....
The sufficiency of circumstantial evidence and the burden of proof under Section 106 of the Evidence Act.
(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....
The prosecution must establish a complete chain of circumstantial evidence beyond reasonable doubt for a conviction under Section 302 IPC.
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 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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
