RISHI KESH SINGH Vs. STATE

JUDGEMENT

(1.) THE question before the Full Bench is :

(2.) I have read the judgment prepared by my learned brother Mathur, j. In my opinion, the statement of law in Parbhoo's-case, 1941 All LJ 619 = (AIR 1941 All 402) (FB) is not accurate, and needs qualification. Section 105, Indian Evidence Act, states:

(3.) ACCORDING to Section 3 of the Evidence Act, a fact is said to be proved when, after considering the matters before it, the Court believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists. It will be seen that a fact may be said to be proved under one of the two possible situations. Either the Court believes that the fact exists, or the Court considers existence of the fact probable. There is no indication in Section 3 of the Evidence act that a fact can be said to be proved, even when the Court entertains a reasonable doubt as to whether the fact exists or not.