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MUKTA GUPTA, POONAM A. BAMBA
Ram Tej – Appellant
Versus
State – Respondent
Mukta Gupta, J.
1. By way of this appeal, the appellant challenges the judgment of learned Trial Court dated 2nd May, 2018 whereby the appellant was convicted for committing rape and murder of `A. (deceased). The appellant also challenges the order on sentence dated 30th May, 2018 whereby the appellant was directed to undergo imprisonment for life for offences punishable under Sections 302 and 376A of the Indian Penal Code, 1860 ("IPC"), and for both these offences the appellant was directed to deposit a fine of Rs.10,000/- each in default whereof to undergo simple imprisonment for six months. Appellant was also directed to undergo rigorous imprisonment for one year along with fine of Rs.2,000/- in default whereof simple imprisonment for one month for offence punishable under Section 404 IPC.
2. Brief facts of the case are that on 9th January, 2015 when the deceased did not return back home, her husband Bansidhar Gupta (PW-8) called the police at number 100 and lodged a missing report which was recorded vide DD No.3A (Ex.PW-10/A), at PS Fatehpur Beri on which SI Arun Kumar (PW-14) met PW-8 and tried searching for the deceased but the deceased could not be found. Thereafter, as PW
Circumstantial evidence can sustain a murder conviction when it demonstrates motive, opportunity, and establishes a clear temporal connection between the accused and the crime.
Circumstantial evidence must form a complete chain pointing to guilt, excluding any possibility of innocence, to sustain a conviction for murder and robbery.
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 need for concrete evidence to prove homicidal death and the importance of the Doctor's opinion in cases of circumstantial evidence.
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