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MUKTA GUPTA, POONAM A. BAMBA
Pawan Kumar – Appellant
Versus
State – Respondent
JUDGMENT
Mukta Gupta, J.
1. By this appeal, the appellant challenges the judgment of learned Trial Court dated 19th September, 2018 whereby the appellant was held guilty for murder of his wife Meena ("deceased") by slitting her throat with a knife and also the order on sentence dated 26th September, 2018 whereby the appellant was directed to undergo rigorous imprisonment for life along with fine of Rs.20,000/- in default whereof, rigorous imprisonment for 1 year for offence punishable under Section 302 of the Indian Penal Code, 1860 ("IPC").
2. Case of the prosecution is that on 12th April, 2014, at about 4.00 AM, the appellant made a call to the police from mobile No.8750988081 and informed that "mene apni aurot ka murder kar diya hai jiska naam Meena hai" which was recorded in the PCR form (Ex.PW-4/A), pursuant to which, ASI Garib Das (PW-22) along with staff reached Gali No.15, Sudamapuri and started searching for house as the house number was not provided by the caller/appellant. Thereafter, ASI Garib Das talked to the caller/appellant and when he reached house No. C-44/300, he was asked to come inside and on the second floor of the house, ASI Garib Das met the appellant and a
The absence of a satisfactory explanation from the accused can indicate guilt.
The main legal point established in the judgment is the reliance on circumstantial evidence, including extra-judicial confession, motive, and recovery of the weapon of offence, to establish the guilt....
Double strangulation murder on circumstantial evidence: unbroken chain (motive-honour killing via pregnancy, presence via calls, failed alibi, no S.106 explanation) rules out suicide absent contrivan....
Circumstantial evidence can establish guilt in homicide cases, particularly when the accused fail to provide a credible explanation for events that occurred in their vicinity.
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 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 prosecution must establish a complete chain of circumstantial evidence to prove guilt beyond a reasonable doubt in criminal cases, particularly in murder cases where direct evidence is lacking.]
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