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january 1974

Supreme Court of India · 1974-01-09

SAWAL DAS vs STATE OF BIHAR

Citation / case number
SC 1972/60317
Court
Supreme Court of India
Petitioner
SAWAL DAS
Respondent
STATE OF BIHAR
Bench
BEG, M. HAMEEDULLAH

Judgment text excerpt

The Supreme Court upheld the conviction of the appellant under Section 302 IPC for the murder of his wife, rejecting his defense of accidental death due to fire. The Court emphasized that the burden of proof under Sections 103 and 106 of the Evidence Act lies with the accused to establish any plea that may absolve him from liability. The prosecution's failure to conclusively link the appellant to the act of murder, especially after the acquittal of his family members, led to the conclusion that the evidence was insufficient to sustain a conviction under Section 302 IPC. The Court ultimately found the appellant guilty under Section 201 IPC for disposing of the body without proper rites, affirming the life sentence imposed by the High Court.

SAWAL DAS vs STATE OF BIHAR · Niyam