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DELHI HIGH COURT
MUKTA GUPTA, ANISH DAYAL
Nadeem – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. conviction under section 302 ipc. (Para 1 , 2) |
| 2. appellant contests evidence of witnesses. (Para 3) |
| 3. prosecution argues presence of evidence. (Para 4) |
| 4. witness testimonies establish relationship dynamics. (Para 5) |
| 5. court analysis supports conviction claims. (Para 6) |
| 6. court dismisses appeal; conviction upheld. (Para 7 , 8 , 9) |
JUDGMENT
Anish Dayal, J. The appellant has assailed the impugned judgment dated 10th September, 2018 passed by the learned Trial Court convicting the appellant for offence punishable under Section 302 IPC and order on sentence dated 19th September, 2018 sentencing the appellant for life for offence punishable under Section 302 IPC and a fine of Rs.10,000/- (simple imprisonment for three months in default of payment of fine).
The Incident:
2. As per the case of the prosecution on the intervening night of 10th11th April, 2012 at about 2:00 a.m., the appellant committed the murder of his wife Shabana at House no.1166, Sarai Mahal, Churiwalan, Delhi-06 by thrusting a screw driver in her head. According to the prosecution, a call was made to the Control Room, Police Headquarters at about 2:03:35 a.m. on 11th April, 2012 by PW-6 Abrar Mirza f
The principles of the burden of proof under Section 106 of the Indian Evidence Act and the sufficiency of circumstantial evidence in establishing guilt for murder were affirmed.
Criminal Law – Offence of Murder - Burden of proving fact especially within knowledge - Prosecution has succeeded in establishing other circumstances in chain raising a strong presumption of guilt ag....
Advocates appeared :For the Appellant : R. P. Gupta For the Respondent : C. P. Singh
The burden of proof in a criminal case lies on the prosecution, but in cases of circumstantial evidence, the burden on the accused to provide a cogent explanation is lighter. Motive and conduct are r....
The prosecution must establish an unbroken chain of circumstances consistent with the guilt of the accused in cases relying on circumstantial evidence. The burden of proof on the prosecution and the ....
The obligation of an inmate in a house to provide plausible explanations for a crime occurring therein shifts certain evidential burdens under legal standards.
The main legal point established in the judgment is the reliance on circumstantial evidence, the shift of burden of proof to the appellant, and the admissibility of extra-judicial confessions in esta....
It is well settled that in a case of circumstantial evidence, circumstances should be such so as to lead to only one irresistible conclusion, which is incompatible with innocence of accused.
The significance of motive in cases of circumstantial evidence, the burden of proof on the accused in cases of murder committed in secrecy inside a house, and the application of Section 106 of the Ev....
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