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MUKTA GUPTA, POONAM A. BAMBA
Sandeep Alias Baba Alias Imran – Appellant
Versus
State – Respondent
JUDGMENT
Mukta Gupta, J.
1. By way of these appeals, the appellants challenge common judgment of Trial Court dated 24th July, 2019 whereby the appellants were held guilty for murder of one Salman @ Mahesh Chand @ Luka ("deceased"); and the order on sentence dated 1st August, 2019 whereby all the three appellants were directed to undergo rigorous imprisonment for life alongwith fine of Rs.10,000/- each in default whereof, simple imprisonment for six months for offence punishable under Sections 302/34 of the Indian Penal Code, 1860 ("IPC"). Further, appellant Rahul @ Sunny was held guilty for offences punishable under Sections 25 and 27 Arms Act and directed to undergo rigorous imprisonment for three years alongwith fine of Rs.5,000/- in default whereof simple imprisonment for two months for each of these two offences.
2. Brief facts of the prosecution case are that on 3rd April, 2016, Guddo Mahto (PW-3), who was one of the tenants of Mangat Ram (PW-12) informed Mangat Ram that a foul smell was emanating from the room adjoining his room. Mangat Ram immediately reached at the second floor of H.No.K-2/39, Krishan Vihar, where he also found a foul smell emanating from the room of appel
Circumstantial evidence alone, especially the last seen theory without corroboration, is insufficient for conviction; guilt must be established beyond reasonable doubt.
Section 106 of the Indian Evidence Act places the burden on the accused to provide a plausible explanation for facts within their special knowledge, and the failure to do so can lead to adverse infer....
The need for concrete evidence to prove homicidal death and the importance of the Doctor's opinion in cases of circumstantial evidence.
Circumstantial evidence, including the last seen witness's testimony, the recovery of bloodstained items, and the admissibility of the appellants' statements under Section 27 of the Indian Evidence A....
In circumstantial murder cases, last seen theory alone cannot sustain conviction without complete evidentiary chain excluding innocence, especially with wide time gap allowing third-party interventio....
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