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MUKTA GUPTA, ANISH DAYAL
Pankaj – Appellant
Versus
State (Govt. Of NCT Of Delhi) – Respondent
JUDGMENT
Anish Dayal, J. - These appeals assail the judgment dated 28th August, 2019 whereby the appellants have been convicted for the offence punishable under Section 302/34 IPC and awarded life imprisonment with fine of Rs.1,000/- each, and simple imprisonment for one month each in default of the payment of fine vide order on sentence dated 29th August, 2019. The third accused Amit @ Dabar as per the chargesheet dated 5th September, 2013, passed away in jail on 31st December, 2017 and therefore, the proceedings against him were abated vide order dated 16th April, 2018 during trial.
The Incident:
2. As per the case of the prosecution the deceased (Kamal Bansal) was residing with his girlfriend in the house of appellant Ankush but was not paying him expenses, which led to a quarrel between Kamal Bansal and Ankush. Kamal Bansal alongwith his girlfriend left the house, without paying the expenses and shifted to his factory. This enraged Ankush and with a view to teach Kamal Bansal a lesson, he allegedly discussed the matter with the appellant Pankaj and Amit @ Dabar. On 29th May, 2013, Amit borrowed a motorcycle from his relative and then alongwith appellants Pankaj and Ankush went to
The prosecution must establish guilt beyond reasonable doubt based on conclusive evidence, and critical gaps in circumstantial evidence can lead to acquittal.
The importance of credible witness testimonies and scientific evidence in establishing guilt beyond reasonable doubt in cases based on circumstantial evidence.
The prosecution must prove the guilt of the accused beyond reasonable doubt. If there is any doubt as to the guilt of the accused, the accused must be acquitted.
The prosecution must establish guilt beyond reasonable doubt; inconsistencies and procedural failures in witness accounts can lead to acquittal.
The central legal point established in the judgment is the benefit of doubt in favor of the accused due to inherent improbabilities in the prosecution's case and inconsistencies in the testimony of t....
Criminal Law - Witnesses - Reliability of - Benefit of doubt - Evidence of PW-1 (informant) and PW-2 who are chance witnesses and claimed themselves to be eye witnesses of incident. Their evidence do....
The main legal point established in the judgment is the reliance on consistent eyewitness testimonies, forensic evidence, and motive to prove guilt beyond reasonable doubt in a murder case.
Conviction in criminal cases requires proof beyond a reasonable doubt; contradictions and lack of credible evidence can lead to reversal of such convictions.
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