(A) Indian Penal Code, 1860 – Section 302 – Murder – Chain Complete – Conviction on ground that chain of Circumstantial Evidence is Complete – Appeal against – Held: Appellant when confronted with the conclusion arrived at by the learned Court below had nothing much to argue – Except lack of motive and that accused is insane – When the prosecution adduces direct, cogent and unimpeachable evidence like in this case – Motive become insignificance – The burden of proof under Section 105 of the Evidence Act, 1872 does lie on the accused to prove to the satisfaction of the court that one is insane while doing the act prohibited by law – No discharge of this burden – Conviction upheld. (Para 21, 22, 29)
(B) Motive – Murder – In absence of motive or the failure of the prosecution to establish a firm motive need not necessarily lead to the acquittal of an accused, more especially, when the prosecution adduces direct, cogent and unimpeachable evidence like in the instant case to establish the commission of the offence. The motive for the offence, the absence thereof or its insignificance recedes into the background. (Para 22)
(C) Indian Penal Code, 1860 – Section 84 – Indian Evidence Act, 1972 – Section 105 – Insane – Burden of Proof – – The burden of proof under Section 105 of the Evidence Act, 1872 does lie on the accused to prove to the satisfaction of the court that one is insane while doing the act prohibited by law Para 29)
HIGH COURT OF HIMACHAL PRADESH
2023 STPL(Web) 190 HP
Shupa Ram Vs. State Of Himachal Pradesh
Cr. A. No. 345 of 2019-Decoded on 22-9-2023
https://stpllaw.in/wp-content/uploads/2023/10/2023-STPLWeb-190-HP.pdf
