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Can case be filed u/s 302 IPC read with 106 of Evidence Act
19-Jan-2023 (In Criminal Law)
Hello Sirs, A murder was committed on 25-09-2015 in broad day light but unfortunately there is no eye witness that the murderer hacked the victim , But there is evidence that the murderer and his associates found running with weapon inside the fenced property of victim where the murder happened, also there is evidence of enmity as victim was in forefront getting registering a FIR against accused for theft of Hundia in the same village. In this case will section 106 of evidence act come in to picture with following context 1. there is enmity between victim and accused 2. Accused has no business inside victim's fenced property 3. Accused and his associates found running with weapon inside the same fenced property of victim Please help me with suggestion , as 302 cases were convicted with 106 of evidence act.
No IPC offence can be " read with" a provision of Evidence Act. The provisions of Evidence Act can be used at the time of trial to prove or disprove certain facts.
Section 106 of Indian Evidence of Act deals with burden of proving a fact which is within the personal knowledge of the offender. In this case, the section 106 of Evidence act cannot be invoked with respect to prior enmity. The prior enmity can be considered as a motive which is relevant under section 8 of Indian Evidence Act.
If the accused were seen inside the fenced property of the victim, the "last seen theory" coupled with s.106 Evidence act can be invoked subject to certain factual aspects.
For further assistance you can contact me.
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The client has to clarify whether conviction was made or not. sec 106 of EVA is vital and related to burden of proof of fact known only to the accused. A norcotic test shall be made on accused. Nothing.
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Adv. Murali Krishnan Sanjeevi
Adv. Murali Krishnan Sanjeevi
Chennai | 700+ Answers
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Section 106 of Indian evidence act is that burden of proving the fact especially within knowledge ,;when any fact is with in the knowledge of any person the burden of proof of that fact is upon him, It is the burden of proof of the witness who has seen the fact the murderer ran in the fenced property of the victim with weapons, and associates ,or the knowledge of fact of the occurance is the burden of proof of intention of the accused is upon the witness, who had the knowledge of the same.
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Adv. B.A.Zahirudeen
Adv. B.A.Zahirudeen
Mayiladuthurai | 25+ Answers
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I think you are voicing your concern rightly to see that the guilty is punished under section 302 of IPC. You have given a brief account of the said murder. It is all fine but you must remember only the prosecution should take steps for convicting the guilty before the sessions court. For which you must read thoroughly the FIR and subsequent charge sheet. A trial will take place and the prosecution will take care of that matter.
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