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MUKTA GUPTA, POONAM A. BAMBA
Navi – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent
JUDGMENT
Mukta Gupta, J.
1. By this appeal, the appellant challenges the judgment of learned Trial Court dated 08th May, 2018 whereby the appellant was held guilty for murder of one Gudiya ("deceased"). The appellant also challenges the order on sentence dated 17th May, 2018 whereby the appellant was directed to undergo rigorous imprisonment of life along with Fine of Rs.5,000/- in default whereof, simple imprisonment for 1 year for offence punishable under Section 302 of the Indian Penal Code, 1860 ("IPC").
2. Brief facts of the prosecution case are that on the intervening night of 15th-16th April, 2017, at about 1.50 AM, the appellant came to ASI Bishan Singh (PW-6) and ASI Dharam Chand (PW-7) who were at picket duty at Mukandpur Chowk and informed them that he had strangulated the neck of his bhabhi/deceased by chunni and killed her. This information was passed to the PCR Incharge ASI Jagdish who passed the information to duty officer Rang Bahadur (PW-5), which was recorded vide DD No.7A (Ex.PW-5/A) and was marked to ASI Om Prakash (PW-12), who reached the Mukandpur Police Post where ASI Bhishan Chand and ASI Dharam Chand produced the appellant before him. Thereafter, ASI Om Pr
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 burden of proof on the accused under Section 106 of the Evidence Act to offer a plausible explanation for the cause of death and the consequences of offering false explanations.
The prosecution must establish a complete chain of circumstances and motive in murder cases; failure to do so warrants acquittal.
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.
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.
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