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Sec. 498 A . .304 B and 302 I.P.C – ACQUITTED UNDER SEC.498 A, 304 B – No conviction under sec.302 I.P.C. be given on doubting dying declaration – Apex court held that The burden of proof in criminal law is beyond all reasonable doubt. The prosecution has to prove the guilt of the accused beyond all reasonable doubt and it is also rule of justice in criminal law that if two views are possible on the evidence adduced in the case, one pointing to the guilt of the accused and the other towards his innocence, the view which is favourable to the accused should be adopted. After considering the evidence and the judgments of the Courts below, we are of the considered opinion that the evidence available on record and the dying declaration does not inspire confidence in the mind of this Court to make it the basis for the conviction of the appellants. Apart from this, the High Court basing on the same dying declaration, ought not to have convicted the appellants under Section 302 IPC, when they were acquitted under Section 304-B and 498-B IPC and Sections 3 and 4 of the Dowry Prohibition Act by the High Court. Accordingly, this Criminal Appeal is allowed. The conviction and sentence imposed by the High Court vide its judgment dated 24th September, 2010 in Criminal Appeal No. 495 of 2005, against the appellants for the offence under Section 302 r/w 34 IPC, is set aside. = UMAKANT & ANR. … APPELLANTS VERSUS STATE OF CHHATISGARH … RESPONDENT = 2014 – July. Part – http://judis.nic.in/supremecourt/filename=41743

Sec. 498 A . .304 B and 302 I.P.C – ACQUITTED UNDER SEC.498 A, 304 B – No conviction under sec.302 I.P.C.  be given on  doubting dying declaration – Apex court held that The burden of proof in criminal law is beyond  all  reasonable  doubt. The prosecution has to prove the guilt of the accused beyond all … Continue reading

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