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MUKTA GUPTA, POONAM A. BAMBA
Arun Chauhan – Appellant
Versus
State – Respondent
JUDGMENT
Mukta Gupta, J. By way of this appeal, the appellant challenges the judgment of Trial Court dated 06th April, 2019 convicting the appellant for murder of one Akash ("deceased") by stabbing him with knife; and also the order on sentence dated 15th April, 2019, whereby, the appellant was directed to undergo rigorous imprisonment for life along with fine of Rs.5,000/- in default whereof, simple imprisonment for six months for offence punishable under Section 302 of the Indian Penal Code, 1860 ("IPC").
2. In nutshell facts of the case are that the deceased was the tuition teacher of appellant's son and during the Diwali days in the year 2014, the appellant suspected his wife to be in a relationship with the deceased, whereafter on 15th November, 2014, the appellant took the deceased to the area between Kadampuri Sewage and Cemetery, beneath an under-construction metro line at Kadampuri and inflicted multiple stabs resulting in his death.
3. Investigation was set into motion on receipt of information by SI Mahavir Prasad (PW-10) that a dead body was lying near Kabristan, Kadampuri, near drain, which was forwarded to the control room, on which DD No. 10A was recorded by W/HC Po
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.
The statement of the victim under Section 164 of the Code of Criminal Procedure cannot be used as a substantive piece of evidence. The appellant's conduct after the incident is deemed unnatural. The ....
The main legal point established in the judgment is the requirement for the prosecution to prove guilt beyond reasonable doubt, emphasizing the importance of credible eyewitness testimony and conclus....
The absence of a satisfactory explanation from the accused can indicate guilt.
The judgment establishes the importance of circumstantial evidence, burden of proof, and absence of motive in cases of murder.
The admissibility of the appellant's conduct and confession under Sections 8 and 27 of the Evidence Act, and the conclusive nature of DNA evidence in establishing guilt.
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