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MUKTA GUPTA, POONAM A. BAMBA
Umakant Alias Anil Kumar – Appellant
Versus
State (NCT of Delhi) – Respondent
JUDGMENT
Mukta Gupta, J.
1. In these appeals, the appellants challenge the common impugned judgment of the learned Trial Court dated 28th November, 2017 whereby the appellant Umakant @ Anil Kumar was held guilty for murder of Rachna @ Gyan Devi ("deceased") and the appellant Sumit Kumar was held guilty for aiding Umakant in disposing of the dead body of the deceased. The appellants also challenge the order on sentence dated 1st December, 2017, whereby appellant Umakant @ Anil Kumar was directed to undergo rigorous imprisonment for life alongwith fine of Rs.25,000/- in default whereof to further undergo simple imprisonment for one year for offence punishable under Section 302 of the Indian Penal Code, 1860 ("IPC") and rigorous imprisonment for five years alongwith fine of Rs.10,000/- in default whereof simple imprisonment for six months for offence punishable under Sections 201/34 IPC. Appellant Sumit Kumar was directed to undergo rigorous imprisonment for four years alongwith fine of Rs.15,000/- in default whereof to further undergo simple imprisonment for six months for offence punishable under Sections 201/34 IPC.
2. Brief facts of the prosecution case are that on 19th June, 201
The burden of proof on the accused in cases of crimes committed in privacy is comparatively lighter, and the accused has a duty to offer a cogent explanation as to how the crime was committed.
The need for concrete evidence to prove homicidal death and the importance of the Doctor's opinion in cases of circumstantial evidence.
The main legal point established in the judgment is that the chain of events pointing exclusively to the guilt of the accused-appellant was not established based on circumstantial evidence.
In cases of murder where the crime occurs within the confines of a home, the accused bears the burden of explaining the circumstances of the crime, particularly when the prosecution establishes a str....
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