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MUKTA GUPTA, POONAM A. BAMBA
Kuldeep Singh – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT :
MUKTA GUPTA, J.
1. By this appeal, the appellant challenges the judgment of learned Trial Court dated 17th August, 2018 whereby the appellant was convicted for murder of his brother Rajender Singh (“deceased”) by stabbing him with a knife; and the order on sentence dated 28th August, 2018, whereby the appellant was directed to undergo imprisonment for life along with fine of Rs.10,000/- in default whereof, simple imprisonment for six months for offence punishable under Section 302 of Indian Penal Code, 1860 (“IPC”).
2. In nutshell, brief facts of the case are that on 28th August, 2013, Sanjay Kumar (PW-15) made a PCR call at number 100 and informed that the tenant of a room at the house No. F-178, Laxmi Park, Nihal Vihar had went away after locking the room and that blood was coming out from the said room. The said information was recorded vide DD No.27A which was marked to SI Sugriv (PW-23). SI Sugriv alongwith Ct. Jai Kishore reached the spot and found foul smell emanating from the room as also blood coming out from underneath the door of the said room. Thereafter, the lock of the door was broken with a brick. Inside the room, one bed was found lying and clothes were fou
The chain of circumstances, last seen theory, and recovery of the weapon and blood evidence can establish guilt in a murder case even in the absence of a clear motive.
In cases based on circumstantial evidence, the burden of proof is lighter, and the accused must provide a plausible explanation for the crime. Inconsistencies in witness testimonies and the absence o....
Advocates appeared :For the Appellant : A. S. Rathore For the Respondent : Mukesh Kumawat
The court upheld the conviction for murder under Section 302 IPC, emphasizing the sufficiency of witness credibility and evidence of intent for the act despite noted inconsistencies.
Direct evidence from eyewitnesses substantiated by medical testimony is sufficient for conviction; absence of motive does not negate evidence.
The judgment establishes the importance of circumstantial evidence, burden of proof, and absence of motive in cases of murder.
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