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SANJIV KHANNA, R.K.GAUBA
KISHAN TRIPATHI @ KISHAN PAINTER – Appellant
Versus
STATE – Respondent
Key Points: - The CCTV footage is considered primary evidence and capable of being relied upon to identify the perpetrator, Kishan Tripathi (identity established via CCTV and corroborated by witnesses). (!) (!) (!) (!) - The court held that the CCTV footage is genuine, authentic, and not interpolated or tampered with, fulfilling system and record integrity tests, and functions as direct evidence, not requiring 65B certification when used as primary evidence under Section 62 of the Evidence Act. [11000494320015][11000494320013][11000494320012] - The trial court’s conviction for murder under Section 302 IPC is upheld based on CCTV footage, witness testimonies, and forensic evidence; appeal dismissed. [11000494320023] - The prosecution’s reliance on the CCTV footage is supported by testimonies of PW-4 (Rakesh Bhargava), PW-7 (HC Rajpal Singh), PW-15 (Ram Milan), and PW-18 (Inspector B.S. Rana) confirming the footage and its interpretation. (!) (!) (!) (!) - The court reproduced snapshots from the CCTV evidence to establish the identity of the appellant and his actions in the timeline of the crime. (!) [11000494320016][11000494320017] - Forensic evidence (knife, T-iron rod, blood on items) is corroborative but not the core evidence; CCTV footage remains primary evidence. [11000494320020][11000494320010] - The appellant’s defense and alleged detentions do not undermine the authenticity or integrity of the CCTV evidence. (!) [11000494320022]
SANJIV KHANNA, J.
1. Kishan Tripathi, also known as Kishan painter because of his profession, by the present appeal, questions judgment dated 4th October, 2012, convicting him for murder of Sachidanand Jha in the intervening night between 22nd and 23rd February, 2009.By order on sentence dated 17th October, 2012, Kishan Tripathi has been sentenced to imprisonment for life, fine of Rs.75,000/- and in default of payment of fine, to undergo Simple Imprisonment for a period of two years for the offence under Section 302 of the Indian Penal Code, 1860 (IPC, for short).
2. Conviction of Kishan Tripathi is primarily predicated on the electronic evidence in form of CCTV footage, and therefore we had played the original footage captured and recorded on the hard disk in the court. Before, we elucidate and refer to this percipient and definitive evidence, we would like to refer to the facts in brief.
3. It has been proved beyond doubt and debate from the testimony of Rakesh Bhargava (PW-4), owner of the factory, located at C-59, Okhla Industrial Area-I, New Delhi that Sachidanand Jha was posted as a night duty guard from 8 P.M. to 8 A.M.in the intervening night between 22nd and 23rd
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