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MUKTA GUPTA, POONAM A. BAMBA
Hari Om – Appellant
Versus
State NCT of Delhi – Respondent
JUDGMENT
Mukta Gupta, J. By this appeal, the appellant challenges the judgment of the learned Trial Court dated 28th April, 2018 whereby the appellant was convicted for murder of his wife Ravinder Pal Kaur (deceased) and for assaulting his daughter Ms.Khushi (victim/complainant). The appellant also challenges the order on sentence dated 28th April, 2018 directing the appellant to undergo imprisonment for life along with fine of Rs.5,000/-, in default whereof, rigorous imprisonment for six months for offence punishable under Section 302 of the Indian Penal Code, 1860 ("IPC"); and further directing rigorous imprisonment for three years along with fine of Rs.1,000/-, in default whereof, rigorous imprisonment for one month for offence punishable under Section 324 IPC.
2. In nutshell case of the prosecution is that on 28th August, 2012 the appellant, deceased and the victim celebrated the marriage anniversary of the appellant and deceased after which, all of them went to sleep. After some time, the victim heard the appellant and the deceased fighting and thereafter, saw her father/appellant stabbing her mother/deceased with a knife. The deceased asked the victim to run away and thereaft
Circumstantial evidence must form a complete chain conclusively proving guilt; failure to provide plausible explanations by the accused strengthens the case for conviction.
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 burden of proof under Section 106 of the Indian Evidence Act can shift to the accused when the prosecution establishes foundational facts and the accused fails to provide a plausible explanation ....
The central legal point established in the judgment is the requirement to establish the charge for the commission of an offense beyond all reasonable doubt, emphasizing the importance of credible evi....
Section 106 of the Indian Evidence Act, 1872, states as burden of proving fact especially within knowledge - When any fact is especially within the knowledge of any person, the burden of proving that....
The central legal point established in the judgment is the application of the onus of proof under Section 106 of the Indian Evidence Act, 1872, and its influence on the court's decision to uphold the....
The absence of a satisfactory explanation from the accused can indicate guilt.
The court held that the appellant's act of killing the deceased by slashing his neck with a knife fell squarely under Section 300 of the IPC and not under Section 304. This is because Section 300 dea....
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