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MUKTA GUPTA, POONAM A. BAMBA
Yogesh – Appellant
Versus
State – Respondent
JUDGMENT
Mukta Gupta, J.
1. By this appeal, the appellant challenges the judgment of learned Trial Court dated 22nd November, 2018, whereby the learned Trial Court held the appellant guilty for murder of his father Bhagwan Das Moolchandani ("deceased"); and also the order on sentence dated 29th November, 2018, whereby the appellant was directed to undergo rigorous imprisonment for life alongwith fine of Rs.50,000/- in default whereof, to undergo rigorous imprisonment for 6 months for offence punishable under Section 302 of the Indian Penal Code, 1860 (IPC).
2. Brief facts of the prosecution case are that on 05th October, 2014, the complainant Karuna (PW-3) left her house with her friend Moushmi for Safdarjung Enclave Market at about 3 PM, leaving behind her father/deceased and her brother/appellant, and at about 5-5.15 PM when she returned back home, she found the door of her house bolted from inside and after her continuous knocking, after about 3-4 minutes, the appellant opened the door. On entering the house, she saw her father lying in one corner in a pool of blood with injuries on his head and blood oozing out and one blood stained 'sotta' was lying in the drawing room of th
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 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....
The prosecution's successful establishment of the chain of events and the application of Section 106 of the Evidence Act placed the burden on the appellants to prove otherwise.
The burden of proof under Section 106 of the Evidence Act places a duty on the accused to offer a plausible explanation for the circumstances of the crime, especially in cases of circumstantial evide....
Burden of proof – In a case based on circumstantial evidence, whenever an incriminating question is posed to accused and he or she either evades response, or offers a response which is not true, then....
Section 106 of the Evidence Act reads Burden of proving fact especially within knowledge – When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him.
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....
Circumstantial evidence can establish guilt in murder cases, especially when the accused fails to explain their presence at the crime scene.
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.
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