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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIVEK SINGH THAKUR, ROMESH VERMA
Ritesh Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. eyewitnesses observed accused push and strangle victim. (Para 1 , 2 , 18 , 19 , 20 , 60 , 61 , 62 , 63) |
| 2. investigative recoveries corroborate eyewitness murder accounts. (Para 3 , 11 , 12 , 13 , 21 , 22 , 23 , 24 , 25 , 64 , 65 , 66) |
| 3. marriage documents link accused as victim's husband. (Para 4 , 15 , 16 , 37 , 38 , 67 , 76 , 77 , 78 , 80) |
| 4. arrest items and tip confirm accused identity. (Para 5 , 26 , 27 , 57 , 58 , 59) |
| 5. defence denials rejected as self-serving testimony. (Para 9 , 39 , 40 , 41 , 42 , 43 , 44 , 79) |
| 6. neck trauma causes death consistent with strangulation. (Para 14 , 35 , 36 , 69) |
| 7. chain of custody preserves evidence integrity. (Para 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 8. defence contests motive absence and identification. (Para 45 , 46 , 47 , 48) |
| 9. motive unnecessary with credible direct evidence. (Para 49 , 50 , 51 , 52 , 53 , 54 , 55 , 56) |
| 10. reliable evidence proves guilt beyond doubt. (Para 68 , 70 , 71 , 72 , 73 , 74 , 75 , 81 , 82) |
Judgment :
Romesh Verma, J.
The present appeal arises out of the judgment/order of conviction, as passed by the learned Sessions Judge, Sirmaur District at Nahan, on 27.11.2019, whereby the present appellant has b
Direct eyewitness testimony sufficient for murder conviction under Section 302 IPC despite no motive; absence of motive not fatal if evidence reliable and conclusive.
Point of law: Conviction set aside – Murder case - duty is cast upon the prosecution to produce worthwhile evidence to establish the guilt against the accused beyond all reasonable doubt.
The conviction for murder was upheld based on substantial eyewitness testimony and evidence of motive, affirming the principle that direct evidence substantiates a guilty verdict beyond reasonable do....
Point of Law : Section 101 of the Indian Evidence Act, 1872 reveals that whenever a Court desires to give judgment as to any legal right or liability depend on the existence of facts which he asserts....
In circumstantial evidence appeals against acquittal, interference only if perverse; prosecution must prove complete chain excluding other hypotheses, with double presumption favouring accused.
The court affirmed that the testimony of a child witness can be credible and sufficient for conviction, supported by corroborative forensic evidence, establishing homicide over suicide.
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