Skip to main content

Burden is on accused to prove facts which is within his knowledge

In Dharmaraj v. State, the High Court of Madras held that Burden is on accused to prove facts which is within his knowledge.

Appellant in present appeal is sole accused in Sessions Case, on file of Sessions Judge. He stood charged for an offence under Section 302 of Indian Penal Code, 1860 (IPC). Trial Court, by judgement convicted Appellant/accused for offence under Section 302 of IPC, and sentenced him to undergo life imprisonment for each count and to pay a fine. Trial Court also directed sentences imposed on Appellant/accused to run consecutively. Challenging said conviction and sentence, Appellant/Accused is before this Court with present appeal.

It is a case of triple murder. Deceased are closely related to Accused. So far as motive for murder is concerned, P.W.1 has stated that, accused wanted to marry Deceased-3, for which Deceased-1 and D-3 Chandra opposed and in order to take revenge, he took all deceased to house of D-3 and murdered them, brutally. It is crystal clear that, Accused was staying along with deceased persons at time of occurrence, in house of D-3. Prosecution clearly established motive for murder of deceased.

Conduct of accused creates doubt. After seeing dead bodies, naturally, conduct of a normal person would be to immediately inform same to police or to their relatives. Even according to Accused (D.W.1), he did not inform any body and there is no acceptable explanation from accused for the same. Hence, conduct of accused is one of vital link supporting prosecution case. Apart from that, it is consistent evidence of P.Ws. 1, 2 and 9 that, all of them saw accused, coming out of house of D-3 with bloodstained knife and also found blood stained dhoti. P.W.5 is driver of a Jeep. In his evidence, he has stated that, he took accused in his jeep and dropped him near Panchayat Office. Subsequently, based on disclosure statement of the accused, M.O.1 Aruval has been recovered.

Admittedly, even as per his own evidence, at time of occurrence, he was present in house of D-3 Chandra. Even according to his evidence, all deceased and accused alone were in that house. Hence, under Section 106 of Evidence Act, 1872, burden is on accused to prove facts which is within his knowledge. Even though it is a rebuttable presumption, accused did not discharge said burden. It is one of vital circumstance against Accused. Prosecution has proved guilt of accused beyond reasonable doubt.

Regarding sentences imposed, considering age of Accused and also fact that, he is a poor man and also considering all mitigating and aggravating circumstances, instead of directing accused to undergo sentences, consecutively, Court directed him to undergo sentences, concurrently and partly allowed the appeal.

Comments

Most viewed this month

Amendment of plaint under Order VI Rule 17 of the CPC explained

Cause Title :  Ganesh Prasad vs Rajeshwar Prasad, SLP (C) NO. 28377 OF 2018, Supreme Court Of India Date of Judgment/Order : 14/3/2023 Corum : J. B. Pardiwala, J. Citied:  Revajeetu Builders and Developers v. Narayanaswamy & Sons and Others reported in (2009) 10 SCC 84 North Eastern Railway Administration, Gorakhpur v. Bhagwan Das reported in (2008) 8 SCC 511 P.A. Jayalakshmi v. H. Saradha and Others reported in (2009) 14 SCC 525 B.K. Narayana Pillai v. Parameswaran Pillai and Another reported in (2000) 1 SCC 712 A.K. Gupta and Sons Ltd. v. Damodar Valley Corporation reported in AIR 1967 SC 96 Life Insurance Corporation of India v. Sanjeev Builders Private Limited and Another, Civil Appeal No. 5909 of 2022 dated 01.09.2022 Firm Sriniwas Ram Kumar v. Mahabir Prasad and Others reported in AIR 1951 SC 177 G. Nagamma and Another v. Siromanamma and Another reported in (1996) 2 SCC 25 Praful Manohar Rele v. Krishnabai Narayan Ghosalkar and Others reported in (2014...

Owner of vehicle is not expected to verify the genuineness of the driving license before appointing a driver

Cause Title : Rishi Pal Singh Versus New India Assurance Co. Ltd & Ors., Civil Appeal No. 4919 Of 2022, The Supreme Court Of India Date of Judgment/Order : July 26, 2022 Corum : Hemant Gupta; J., Vikram Nath; J. Background the truck owned by the appellant met with an accident. The owner deposed before the court that before employing the driver, he had taken his driving test and that he was driving the vehicle satisfactorily and  that the driver was employed with him for 3 years before the date of the accident. He produced his driving license. This was reaffirmed by the driver who deposed that the driving license was obtained from the driver and it was issued from Nagaland, but no such license was produced on record. Both the Motor Accident Claims Tribunal and the High Court have held that the owner has alleged that the driver had a driving license from Nagaland but the same was not produced and therefore, the Insurance Company is entitled to recover the awarded amount...

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...