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.
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.
What is the difference between intention and knowledge?
Intention is a conscious mental state in which one uses their mental faculties to reach predetermined goals. 18-Jan-2022
What is an example of motive?
Motive is the reason you do something. You go to school to learn. Maybe the fear of your parents getting angry and having a run in with the truant police officer is enough to motivate you. The Latin word motivus means moving and movere means to move.
What is the difference between motive and purpose?
The question "Why did you read it?" is answered by the word Motive. The purpose of reading is to answer the question: What was your specific goal? The purpose of reading a research paper would be to learn more about the topic.
What is the difference between motive and intention?
Intention is the intention you have for something. Motive is the event that motivated you to act. For example, the intent of a murderer is to kill. He may have a motive such as wanting to get the life insurance money of his parents who murdered him, or revenge against an unfaithful partner.
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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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.
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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