NDLI: Ranjit Kumar Haldar Vs. State of Sikkim

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	s.106 of the Evidence Act Burden of proof IPC Murder s.302
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Evidence Act, 1872 (1 of 1872) Indian Penal Code (45 of 1860)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Penal Code, 1860: s.302 – Murder – Prosecution case was that the victim-deceased had gone with his family for work with the accused – Accused along with his nephew and wife of the deceased murdered the victim and buried his body in the house where they used to stay – Body of deceased was concealed underneath the wooden flooring at their place of residence and was recovered on the disclosure statement made by the wife of the deceased after removing the flooring – Conviction of appellants by courts below – On appeal, held: There is no dispute that the lock of the house was opened by the Police for the first time after appellant locked the house and went to his native village – The house was in his possession and no one had access to that house and, therefore, the burden of proving the fact that somebody had access to the house during his absence was on him in terms of s.106 of the Evidence Act – Appellant did not even suggest to the prosecution witnesses of possibility of access to the house rented by him – The testimony of PW-5 that the house was taken on rent by the appellant was proved – Appellant miserably failed to disprove the presumption under s.106 of the Evidence Act – In respect of the lady accused, recovery of dead body concealed under the wooden planks covered by mud and stones on her disclosure statement was very strong incriminating circumstance against her to maintain her conviction – Apart from that, there was a statement of PW-2 before whom she had confessed – PW-4, husband of PW-2 supported this testimony – Also the dead body was identified by PW-3 from the wearing apparels of the deceased such as sweater and a mala – None of the witnesses were cross-examined to the effect that dead body was not of the deceased – Both the courts below rightly recorded conviction of the appellants as the persons responsible for causing death of the deceased – Evidence Act, 1872 – s.106.Evidence Act, 1872: s.106 – Burden of proof – s.106 lays down general rule about the burden of proof – This section was introduced not to relieve the prosecution of their duty but was designed to meet the situation in which it is impossible or difficult for the prosecution to establish facts which were especially within the knowledge of the accused – Penal Code, 1860 – s.302.First Information Report: Murder case – FIR was lodged originally in Bengali language which was later translated in Nepali language – Non-examination of translator – Effect on prosecution case – Held: First Information Report was only in respect of information of death – The Investigating Officer carried out investigation de-hors the version given by the informant in the First Information Report – Therefore, non-examination of translator would not create any doubt on the prosecution case – Penal Code, 1860 – s.302.
Judge	Hon'ble Mr. Justice Hemant Gupta
Neutral Citation	2019 INSC 811
Petitioner	Ranjit Kumar Haldar
Respondent	State Of Sikkim
SCR	[2019] 9 S.C.R. 754
Judgement Date	2019-07-25
Case Number	427

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Ranjit Kumar Haldar Vs. State of Sikkim

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