Order XLI Rule 23A CPC | Re-Trial Necessary When Crucial Parties Impleaded In Appeal: Telangana High Court Cannot Freeze Entire Bank Account For Small Disputed Sums: Rajasthan High Court Issues Comprehensive Guidelines Against Indiscriminate Account Freezes In Cyber Crime Probes 187(3) BNSS | No Extension Of Investigation Time Without Notice To Accused: Punjab & Haryana High Court Grants Default Bail In NDPS Case Road Widening Under Master Plan Cannot Be Stalled For Formal Land Acquisition, Section 305 Permits Direct Removal Of Encroachments: Madhya Pradesh High Court P&H High Court Quashes Preventive Detention Over 45-Day Delay In Informing Detenu Of Right To Represent 'Sole Allegation Of Torture Cannot Stand Alone': Andhra Pradesh High Court Acquits Husband Under Section 498A IPC After Dowry Demand Disproved Seeking Corroboration To Victim's Testimony Amounts To Adding Insult To Injury: Bombay High Court Upholds Rape Conviction Offences Of Cheating & Criminal Breach Of Trust Cannot Coexist On Same Facts: Calcutta High Court Quashes FIR Over Commercial Contract Dispute "Accident Alone Is Not Proof": Delhi High Court Acquits Bus Driver In 2003 Road Fatality Case, Rules Mere Speeding Or Collision Insufficient For Section 304A IPC Mandate Of Regulations Must Be Read Into Public Notices: Kerala High Court Reverses Order Directing NMC To Reopen Portal For Medical College's PG Seat Hike Unproven 1946 Oral Sale And Subsequent School Gift Cannot Convey Valid Title Over Tribal Land: Orissa High Court Orders Compensation After 80 Years ED Can Probe Money Laundering In J&K Corruption Cases: J&K High Court Rules S. 5(1)(d) J&K PC Act Corresponds To Amended S. 7 Of Central PC Act Not Mere Lip Service: Supreme Court Quashes GST Notice Under Section 74 Lacking Foundational Facts Of Fraud Or Suppression Selling Manufactured Goods At Factory Premises Doesn't Turn 'Industrial' Land Into 'Commercial' For Stamp Duty: Supreme Court Supreme Court Orders All States To Form Dedicated SITs To Probe Fake Motor Accident Claims, Warns Insurance Top Brass Against Selective Referrals Port Trusts Not Immune From Customs Duty On Pilfered Goods: Supreme Court Upholds Notification Declaring Mumbai Port Trust As Custodian Under Section 45

If accused has a different aim - must establish specific facts - Apex Court

07 May 2024 8:19 AM

By: Admin


Crucial issue Before the Apex court in SABITRI SAMANTARAY Vs STATE D.D 20TH MAY 2022, whether the prosecution has successfully discharged its burden of evidence, and that the chain of events has been successfully established so as to attract operation on Section 106 of the Evidence Act.

The accused appellants were tenants of one Mayadhar Mohapana. The landlord on 21.07.2008, lodged an FIR stating that an unknown person had a attacked them with a "Kata". He rescued the couple through an inter-connected door in his house.

Facts - A person was found dead inside the kitchen of the house. Initially, it was suspected that he had committed suicide by poison. On 24.07.2008, one Ranjan Rana identified the deceased as Sanjay Rana. He further disclosed that the deceased had a love relationship with the daughter of the appellants.

A post - mortem examination has concluded that death was caused by compression on lower part of the neck, resulting in blockage of upper end of the trachea. It was further opined that the deceased victim was assaulted by two or more persons with acid and bhunt objects.

The accused appellants on the contrary maintained that the unknown person hac forcibly entered into their house and locked it from inside. He first encountered accused no. 1( i.e. Bidyadhar Praharaj) and threatened to kill him, should he refused to hand over entire money and valuables. Subsequently, both the appellants were assaulted by the deceased, which resulted in injuries. They were eventually rescued, and thereafter police implicated them in a false case.

Trial Court held that the prosecution had successfully established its case beyond reasonable doubt and, therefore, convicted the accused appellants and their daughter for murder.

Aggrieved, appellants and their daughter challenged the judgment of the Trial Court before the High Court, the High Court acquitted the daughter of all charges, as she was not present at the scene of offence. On the other hand, the conviction of the accused appellants was confirmed by the High Court However High court observed that as there was a strong possibility of actuality of grave and unforeseen provocation which was perceptible from adduced substantiation, the conviction under Section 302 IPC was modified to conviction under Section 304 II) IPC, and both the criminated were thereby doomed to suffer rigorous imprisonment for a term of five times.

Apex Court observed that Section 106 of the Evidence Act stipulates that the burden of proof for matters within the particular knowledgofa person rests with that person Although this section in no way relieves the prosecution of its responsibility to prove its case beyond a reasonable doubt, it does stipulate that when a person commits an act with a different intent than what the circum stances suggest, it is the individual, not the prosecution, who bears the burden of proving that specific intent. If the defendant has a different aim, he must establish specific facts that are within his knowledge.

D.D: - 20th MAY, 2022

SABITRI SAMANTARAY VERSUS STATE OF ODISHA

Latest Legal News