Case Title: Bablu Tirkey, son of late Kishore Tirkey, Resident of Dhela Toli, PO & PS Argora, District Ranchi Versus The State of Jharkhand
Case No: 1322 of 2016
Decided on: 1st May , 2024
Quorum: HON’BLE MR. JUSTICE SRI ANANDA SEN and HON’BLE MR. JUSTICE SRI SUBHASH CHAND.
Facts of the case
The appellant, Bablu Tirkey, was found guilty of the crime covered by section 302 of the Indian Penal Code (IPC) and given a life sentence along with a fine for killing his wife, Dasmi Baitha. The event happened on December 6, 2011, when Dasmi Baitha, a tenant of Bablu Tirkey’s, was discovered dead and injured at the home.
Issues
1. Whether Bablu Tirkey home the night his wife, Dasmi Baitha, was killed by homicidal means?
2. Whether there is enough evidence to establish Bablu Tirkey’s wife’s murder beyond a reasonable doubt?
3. Whether under section 106 of the Evidence Act, can the accused get the burden of proof if the prosecution cannot prove its case beyond a reasonable doubt?
Legal Provisions
The IPC’s Section 302 addresses the penalty for murder. The Evidence Act’s Section 106 addresses the burden of proof with regard to facts, particularly those that the accused knows.
Appellant’s Contentions
The prosecution’s inability to substantiate the appellant’s attendance at the crime site on the night of the incident led him to dispute the conviction decision. Furthermore, he said that section 106 of the Evidence Act did not permit the transfer of the burden of proof to him unless the prosecution proved its case beyond a reasonable doubt.
Respondent’s Contentions
The State, as the respondent, argued that Bablu Tirkey’s conviction for his wife’s murder could be upheld based on circumstantial evidence and the events leading up to the discovery of Dasmi Baitha’s body
Court Analysis and Judgement
The trial court’s decision was overturned by the Jharkhand High Court, which emphasized the need for the prosecution to prove its case beyond a reasonable doubt. The Court noted that because Bablu Tirkey’s presence at his home the night of the murder was not established, he could not be held responsible for the burden of proof under section 106 of the Evidence Act. As a result of insufficient evidence, the Court cleared Bablu Tirkey of all charges
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Judgement Analysis Written by – K.Immey Grace
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