Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 – ss. 302 and 304(II) – |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860 – ss. 302 and 304(II) – Prosecution case that victim-deceased was strangulated to death by the appellants (husband and wife) along with their daughter in their house and an attempt was made to conceal identity of deceased by pouring acid over the dead body – Trial Court convicted appellants and their daughter for the offence u/s.302 r/w. s.34 IPC and sentenced them to rigorous imprisonment for life – However, the High Court acquitted daughter of all the charges and upheld the conviction of the appellants – The conviction of the appellants was modified u/s.304(II) IPC and sentence term was reduced to rigorous imprisonment for a term of five years – On appeal, held: In the instant case, the prosecution had succeeded in establishing the intention of the appellants for the commission of the offence – Such an intention, when analyzed in light of the statements made by all the sets of witnesses, and fatal injuries sustained by the deceased at the relevant place and time, certainly makes out a strong case that death of the deceased was indeed caused by the appellants – Therefore, once the prosecution had successfully established the chain of events, the burden was on the appellants to prove it otherwise – The appellants had failed to offer any credible defense – The entire chain of events point towards the guilt of the appellants – No error in the impugned judgment of the High Court. Evidence Act, 1872 – s. 106 – Burden of proving fact especially within knowledge – The Section in no way exonerates the prosecution from discharging its burden of proof beyond reasonable doubt, it merely prescribes that when an individual has done an act, with an intention other than that which the circumstances indicate, the onus of proving that specific intention falls onto the individual and not on the prosecution – If the accused had a different intention than the facts are specially within his knowledge which he must prove. |
Judge | Hon'ble Mr. Justice Krishna Murari |
Neutral Citation | 2022 INSC 608 |
Petitioner | Sabitri Samantaray |
Respondent | State Of Odisha |
SCR | [2022] 4 S.C.R. 276 |
Judgement Date | 2022-05-20 |
Case Number | 988 |
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