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PANKAJ MITHAL, AHSANUDDIN AMANULLAH
Ravi – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
PANKAJ MITHAL, J.
1. Leave granted.
2. The appellant-accused Ravi has been convicted by both the courts below for the murder of his first wife Jamni by strangulation. Therefore, the present appeal.
3. The appellant was living in the village Madh, Amritsar by constructing a jhuggi in an open space, where he was working as a labourer. He used to live with his deceased wife Jamni, his second wife Soma and his two sons born from the first wedlock. They all had been living together as such for over 10-12 years.
4. The incident is of 22.08.2014. According to the case of the prosecution, Chaina Ram (PW-1), the brother of the deceased lodged a Zero FIR at Police Station Rajgarh, District Churu, Rajasthan on 22.08.2014 stating that his sister Jamni with her husband i.e. appellant, was living at Rayya Mandi, Tehsil Baba Bakala, District Amritsar, Punjab. On the night of 22.08.2014 at about 11:00 pm, she was murdered by her husband in connivance with his second wife Soma. The husband of the deceased i.e. the appellant, brought the dead body from his village Rayya Mandi to village Gujjuwas in a truck. In the FIR, he also stated that his sister Rajo was residing in the neighbouring jhuggi
(1) Murder of wife – Where evidence on record gives ample leverage for two conflicting opinions, benefit of doubt has to be given in favour of accused.(2) Burden of proof – Ordinary rule which applie....
The main legal point established is the requirement to fully establish circumstances in cases based on circumstantial evidence, the need for corroborating medical reports with other evidence, and the....
Advocates appeared :For the Appellant : R. P. Gupta For the Respondent : C. P. Singh
If a person is last seen with the deceased, in that case regarding the death of the deceased, he must offer an explanation which is probable and satisfactory. If he does so, then it will be held that....
(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....
The prosecution must prove guilt beyond reasonable doubt; circumstantial evidence must negate the innocence of the accused, which was not established in this case.
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