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MUKTA GUPTA, POONAM A. BAMBA
Tarun Alias Cheetah – Appellant
Versus
State – Respondent
JUDGMENT
Mukta Gupta, J.
1. By these appeals, the appellants challenge the common judgment of the Trial Court dated 17th December, 2018 by which the appellants were convicted for murder of one Praveen ("deceased"); and also, the order on sentence dated 18th December, 2018, whereby the appellants were directed to undergo imprisonment for life along with fine of Rs.500/- each in default whereof, simple imprisonment for one month for offence punishable under Section 302/34 of the Indian Penal Code, 1860. Appellants Yashpal and Tarun were also directed to the sentence of imprisonment for three years along with fine of Rs.500 for offence punishable under Section 25 Arms Act, which had been already undergone during the period of trial.
2. Briefly, case of the prosecution is that on 9th September, 2014, Ct.Vinay Kumar (PW-1), Ct.Sanjay and Ct.Satbir were on patrolling duty near Brar Square Railway Station, when at about 7.00 PM, the appellant who were coming towards them, on seeing the police, turned in the opposite direction. On suspicion, these police officers caught the appellants and found their clothes had fresh blood stains. On their personal search, bloodstained knife was found in
Circumstantial evidence, including the last seen witness's testimony, the recovery of bloodstained items, and the admissibility of the appellants' statements under Section 27 of the Indian Evidence A....
The prosecution must prove foundational facts before the burden of proof shifts to the accused. Failure to provide a reasonable explanation can be an additional link in the chain of incriminating cir....
Circumstantial evidence – Where a case rests squarely on circumstantial evidence, inference of guilt can be justified only when all incriminating facts and circumstances are found to be incompatible ....
Circumstantial evidence alone, especially the last seen theory without corroboration, is insufficient for conviction; guilt must be established beyond reasonable doubt.
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 under IPC Section 302 cannot rely solely on circumstantial evidence of 'last seen together' without corroboration; mere suspicion is insufficient for guilt.
In cases of circumstantial evidence, the chain of events must be complete and unbroken. Conviction cannot rest on inadmissible police statements or unverified recoveries. Failure to establish motive,....
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