Evidence regarding presence of the appellant on the scene of the occurrence is totally missing and therefore Section 106 of the Indian Evidence Act has no application: High Court of Patna
The appellant is acquitted of the offence punishable under Section 302 of the Indian Penal Code. He be set at liberty forthwith if not required in any other case was upheld by the High Court of Patna through the learned bench led by HONOURABLE MR. JUSTICE A. M. BADAR and HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR in the case of Birendra Yadav Vs. The State Of Bihar (CRIMINAL APPEAL (DB) No.87 of 2014) on 10-Mar-2022.
Brief facts of the case are that the appellant and Maharani Devi had their respective houses just opposite to each other, love relations between them developed and ultimately in the year 2006, Maharani Devi married appellant Birendra Yadav. It is case of the prosecution that appellant Birendra Yadav used to beat his wife Maharani Devi. After such incident in the year 2009, meeting of the Panchayat was called. Because of this incident, appellant/convicted accused Birendra Yadav became angry. Ultimately, at about 03.00 P.M. of 31.08.2011, appellant Birendra Yadav had committed murder of his wife Maharani Devi and his daughter Madhu Kumari by throttling.
P.W.11 Sunaiyna Devi saw dead bodies of Maharani Devi and Madhu Kumari kept at the front yard of the house of appellant Birendra Yadav. She noticed injuries on necks of the dead bodies. She therefore lodged the F.I.R. on 31.08.2011 itself which has resulted in registration of the subject crime for the offence punishable under Section 302 of the Indian Penal Code. The learned trial court concluded that appellant Birendra Yadav committed murder of his wife Maharani Devi and his daughter Madhu Kumari.
The Court observed “evidence regarding presence of the appellant on the scene of the occurrence is totally missing and therefore in absence of any prima facie evidence against the appellant, Section 106 of the Indian Evidence Act has no application in the instant case.”
The Court held that the appellant is acquitted of the offence punishable under Section 302 of the Indian Penal Code. He be set at liberty forthwith if not required in any other case.
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Written by- Riya Singh, Legal Intern, Prime Legal