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MUKTA GUPTA, POONAM A. BAMBA
Yogesh Sharma @ Yogi – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. the appeal against conviction for murder. (Para 1 , 2) |
| 2. witnesses and evidence presented. (Para 3 , 4) |
| 3. defense arguments presented. (Para 5) |
| 4. prosecution's rebuttal to defense arguments. (Para 6) |
| 5. court's analysis of witness testimonies. (Para 8 , 9) |
| 6. mudane of missing report lodge. (Para 10) |
| 7. onus of proof and false statements. (Para 11 , 12) |
| 8. establishing relationship and residence. (Para 13) |
| 9. medical evidence regarding termination of pregnancy. (Para 14) |
| 10. circumstantial evidence and burden of proof. (Para 15) |
| 11. post mortem findings and inference of homicide. (Para 16) |
| 12. witness testimony regarding intentions. (Para 17) |
| 13. recoveries made and significance. (Para 18) |
| 14. forensic evidence linking the accused. (Para 19 , 20) |
| 15. discussion on motive. (Para 21) |
| 16. summary of incriminating evidence. (Para 22) |
| 17. final ruling of the court. (Para 23) |
JUDGMENT
Poonam A. Bamba, J.
1. Vide this appeal, the appellant is assailing the judgment dated 15.01.2019 (`impugned judgment' in short) passed by Ld. ASJ (Central), Tis Hazari Courts, Delhi, whereby the appellant was convicted for the offences under Sections 302/201/34 of The Indian Penal Code, 1860 (`IPC' in
The prosecution must prove the presence of a witness at the scene of the crime beyond reasonable doubt, and discrepancies in the witness's testimony can raise doubts about the credibility of the evid....
The court emphasized that circumstantial evidence must establish a complete and unbroken chain of guilt beyond reasonable doubt, particularly in capital cases.
Prosecution must prove guilt beyond reasonable doubt; lack of motive and unreliable witness testimonies undermine conviction.
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