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SANDEEP Singh (Private)     29 November 2022

Section 106 evidence act doesn't apply in case prosecution fails to prove initial burden of proof.

Dear Experts,

My case is pending in the Honorable Punjab high court for final judgement under section 302 IPC. The police registered the case under section 304-B, however trial court framed alternative charge of 302 and convicted me for the same in 2014. Currently iam on bail since 2019.

Brief fact against me in the case are as under:-

1. One of the doctor (PW) stated that as per the alleged history "accused found her wife hanging from duppata and brought her down by cutting the same and rushed to hospital.....so on. whereas in section 313 i stated that i went for morning PT and while comes back found my wife upside down on the bed and rushed to hospital.......

2. First doctor who attended my wife in hospital found a ligature mark, whereas Post mortem panel of doctors do not find any Ligature mark, but found 02 abrasion on both side of chin. However, no opinion on nature of injury(ante-mortem not mentioned).

3. Section 106 goes against me (As per my Lawyer statement).

Favorable points:-

1. Dowry elements and harassment including cruelty not proved and no circumstantial evidence either on record.

2 Complete absence of motive as per record.

3. Poison was not found (As per police Investigation Officer Statement)

4. Post mortem doctor gave cause of death is due to Organo Phosphorous Poison. However, declined any symptoms found against the said poison.

5. Prosecution has no evidence or witness who confirm my presence in the house before or at the time of incident

Kindly give your valuable points whether the section 106 evidence act will apply if prosecution fails to prove their initial chain of evidence and whether the final judgement seems to be in my favor or against.


 3 Replies

vijay sathya   29 November 2022

it depends

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     29 November 2022

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SANDEEP Singh (Private)     02 December 2022

Any other expert to give their valuable comments.

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