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IN THE HIGH COURT OF DELHI AT NEW DELHI
MUKTA GUPTA, POONAM A. BAMBA, JJ.
Ajay Durlabh - Appellant
Versus
State - Respondent
Crl. A. No.1226 Of 2018
Decided On : 19-04-2023
MURDER - Penal Code, 1860 - Section 302 - 2018 SCC OnLine Del 10677 Dharmender @ Kale v. State - The court discussed the chain of circumstantial evidence and the burden of proof on the accused under Section 106 of the Evidence Act. The court emphasized the importance of the accused offering a plausible explanation for the cause of death and the consequences of offering false explanations. The court also highlighted the principle that when an incriminating circumstance is put to the accused and the accused either offers no explanation or offers an explanation which is found to be untrue, then the same becomes an additional link in the chain of circumstances to make it complete.
Fact of the Case:
The appellant was convicted for the murder of Rita by strangulation. The prosecution's case was based on circumstantial evidence, including the testimonies of witnesses, post-mortem examination, and forensic analysis. The appellant challenged the conviction, arguing that the prosecution failed to establish his guilt and that the investigation was conducted improperly.
Finding of the Court:
The court found that the prosecution successfully established the chain of circumstantial evidence, including the unnatural death of the deceased, the presence of the appellant at the scene, and the scientific evidence linking the wire used for strangulation to the mixer-grinder in the house. The court emphasized the appellant's failure to offer a plausible explanation for the cause of death and the consequences of offering false explanations.
Issues: The issues included the credibility of witnesses, the sufficiency of evidence to establish guilt, the conduct of the appellant, and the burden of proof under Section 106 of the Evidence Act.
Ratio Decidendi: The court held that the burden of proof shifts to the accused under Section 106 of the Evidence Act to offer a plausible explanation for the cause of death. The court also emphasized the principle that when an incriminating circumstance is put to the accused and the accused either offers no explanation or offers an explanation which is found to be untrue, then the same becomes an additional link in the chain of circumstances to make it complete.
Final Decision: The court dismissed the appeal, upholding the conviction of the appellant for murder under Section 302 of the Penal Code, 1860.
JUDGMENT :
(Mukta Gupta, J.) :—
By way of this appeal, the appellant challenges the judgment of the learned Trial Court dated 20th August, 2018, whereby the appellant was convicted for murder of one Rita (“deceased”) by strangulation; and also the order on sentence dated 11th September, 2018 whereby the appellant was directed to undergo rigorous imprisonment for life along with fine of Rs. 1,000/- in default whereof, simple imprisonment for one month for offence punishable under Section 302 of the Penal Code, 1860 (“IPC”).
2. Brief facts of the case are that on 17th June, 2014 at about 1.10 PM, an information was received at PS Govindpuri that a murder has been committed at H. No. 204A, First Floor, Gali No. 3, Govindpuri and the same was recorded vide DD No. 13A which was marked to SI Hukum Vir Atri (PW-5), who on reaching the spot met two persons namely Ms. Rumki Halder (PW-14) (addressed as “Rinki” by some witnesses) and Mr. Shakti Sharma (PW-1) who told SI Hukum Atri that a dead body of their friend Rita was lying in the room adjoining to their room. The dead body was inspected and a cable wire was found tied around the neck of the body, and in the kitchen, a mixer-grinder was lying with its wire cut. On enquiry, it was found, that the deceased used to reside with her friend/appellant who was a resident of West Bengal. Thereafter, rukka (Ex.PW-17/A) was prepared by IO/Insp. Anand Swarup, on which FIR no. 645/2014 dated 17th June, 2014 under Section 302 IPC at PS Govind Puri (Ex.PW-2/B) was got registered. The dead body was sent for post-mortem examination to mortuary at AIIMS Hospital.
3. Dr. Mantaran Singh Bakshi (PW-11) conducted the post-mortem examination on the dead body and tendered his report (Ex.PW-11/A) and opined:
Ligature material-a grey coloured electric wire having a single fixed knot is found encircling the neck. The knot is present over the left postero-lateral aspect of the neck. The ligature material is present in three loops encircling the neck having a circumference of 28 cm and another fourth loop is present in the oral cavity emerging and exiting from either angles of the mouth. The circumference of the loop in the mouth is 36 cm. The circumference of the closely approximated four wire loops is 4.5 cm and circumference of the ligature material is 0.7 cm. one end of the ligature material is having a cut end and the other end is having a grey two pin plug.
The ligature material was cut away from the knot and preserved by tying the cut ends.
Ligature mark-a reddish brown coloured ligature mark is present encircling around the neck completely in a horizontal direction. The ligature mark is of width 5 cm at anterior midline of neck and 1.75 cm at posterior midline of neck is present at the middle one third of neck. The ligature mark is 5 cm below the mentum and 4.5 cm above suprasternal notch in another midline of neck. The ligature mark is 5 cm below the external occipital protuberance and 4.5 cm above the vertebral prominence on the posterior aspect of the neck. The ligature mark is 6 cm below right mastoid tip and 5 cm below left mastoid tip on lateral aspect of neck. The total neck circumference is 28 cm. The ligature mark is also found on the lower facial region on either aspect of angles of mouth. The width of ligature mark on face is 1 cm. On dissection the neck, there is a extravasation of blood into the soft tissues of the neck. There is a bluish contusion of size 2 × 1 cm on the base of the tongue on the left side. There is congestion of the submandibular lymph nodes and laryngeal mucosa. The thyrohyoid complex is intact. The tracheal mucosa is congested.
… …
… …
(J) TIME SINCE DEATH
About three and a half days.
(K) OPINION
The cause of death to the best of my knowledge and belief is asphyxia due to ligature strangulation. However viscera has been preserved to rule out concomitant intoxication.”
4. During investigation Shakti Sharma and Rumki stated that they had last seen the deceased alive with the
The burden of proof on the accused under Section 106 of the Evidence Act to offer a plausible explanation for the cause of death and the consequences of offering false explanations.
The burden of proof under Section 106 of the Indian Evidence Act and the use of circumstantial evidence to establish guilt in murder cases.
The prosecution must prove guilt beyond reasonable doubt; circumstantial evidence must negate the innocence of the accused, which was not established in this case.
Advocates appeared :For the Appellant : R. P. Gupta For the Respondent : C. P. Singh
The main legal point established in the judgment is the shift of burden under Section 106 of the Indian Evidence Act, 1872 to the accused to explain facts within his knowledge, and the accused's obli....
Circumstantial evidence in domestic murder cases places the burden of explanation on the accused; failure to do so can lead to conviction.
The prosecution must prove guilt beyond reasonable doubt in homicide cases, relying on clear circumstantial evidence while providing plausible alternative explanations.
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