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MUKTA GUPTA, POONAM A. BAMBA
Liyakat Ali – Appellant
Versus
State of NCT Delhi – Respondent
JUDGMENT
Mukta Gupta, J.
1. By way of this appeal, the appellant challenges the judgment of the learned Trial Court dated 7th July, 2018 whereby the appellant was held guilty for murder of his daughter Gulshama ("deceased") and was directed to undergo rigorous imprisonment for life along with fine of Rs.5,000/- in default whereof simple imprisonment for six months for offence punishable under Section 302 of the Indian Penal Code, 1860 ("IPC") and was also held guilty for offence punishable under Section 201 IPC for which the appellant was directed to undergo rigorous imprisonment for three years along with fine of Rs.2,000/- and in default whereof simple imprisonment for three months. Accused Aashiq Ali was acquitted of all charges.
2. Briefly case of the prosecution is that on 10th May, 2013, information was given to the police about a dead body in a gunny bag in a nullah near Auliya Masjid, Ward No.8, Mehrauli which was recorded vide DD No.34A (Ex.PW-1/E) which was marked to SI Pushpender (PW-28). SI Pushpender reached the spot along with Ct. Praveen (PW-21) from where one plastic bag containing human skeleton was found in the presence of Mohd. Ishtiyaq @ Laddo (PW-7) and Rustam
The admissibility of the appellant's conduct and confession under Sections 8 and 27 of the Evidence Act, and the conclusive nature of DNA evidence in establishing guilt.
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.
Conviction for murder and evidence tampering requires proof beyond reasonable doubt; circumstantial evidence and valid confessions must corroborate the prosecution’s claims.
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 be corroborated by substantial forensic analysis; absence of direct witness testimony does not negate conviction if evidence establishes chain of culpability.
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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