Supreme Court · 2014 INSC 422 · Decided 30 June 2014
State of Rajasthan v. Thakur Singh
- Court
- Supreme Court of India
- Citation
- 2014 INSC 422 · [2014] 8 S.C.R. 18
- Case number
- CRIMINAL APPEAL No. 357/2005
- Decided
- 30 June 2014
- Bench
- MADAN B. LOKUR, S.A. BOBDE (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302; Evidence Act Section 106
Headnote
Evidence Act, 1872 - s. 106 - Principle laid down u/s. 106 - Application of - Held: Section 106 provides that when C any fact is especially within the knowledge of any person the burden of proving that fact is upon him - Burden of proving the guilt of an accused is on the prosecution - However, known only · to the accused, or are virtually impossible for the prosecution D to prove, ,need to be explained by accused and if he does not do so, then it is a strong circumstance pointing to his guilt based on those facts - On facts, wife died an unnatural death in the room occupied by
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