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LISA GILL, RITU TAGORE
Ganga Ram – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. description of murder case events. (Para 1 , 2 , 3) |
| 2. details of investigation process. (Para 4 , 5 , 6) |
| 3. confessions and accomplices' involvement. (Para 7 , 8 , 9) |
| 4. arrests and recoveries related to the crime. (Para 10 , 11 , 12) |
| 5. filing of charge-sheet. (Para 13 , 14) |
| 6. trial process and evidentiary submissions. (Para 15 , 16) |
| 7. reflections on insufficiency of evidence. (Para 17 , 19 , 39) |
| 8. arguments challenging trial court's conclusions. (Para 20 , 21 , 23) |
| 9. medical evidence confirming cause of death. (Para 24 , 25) |
| 10. legal obligations of prosecution in circumstantial evidence. (Para 26 , 27) |
| 11. analysis of witness credibility regarding 'last seen' theory. (Para 28 , 29) |
| 12. doubts raised about the prosecution's case and motive. (Para 30 , 31 , 32 , 36 , 38) |
| 13. final verdict and dismissal of appeal. (Para 40 , 41 , 42 , 43) |
JUDGMENT
Mrs. Ritu Tagore, J.
Ganga Ram applicant-appellant (father of the deceased), seeks leave to appeal against the judgment dated 26.07.2018 passed by Learned Additional Sessions Judge Gurugram, in a case bearing FIR No.937 dated 09.10.2015 under Sections 302 , 34 IPC registered at P.S.Sadar, Gurugram, acquitting all the accused-resp
Murder Charge - When a murder charge is to be proved solely on circumstantial evidence, as in this case, presumption of innocence of the accused must have a dominant role.
The judgment establishes the principle that the burden of proving guilt beyond reasonable doubt lies with the prosecution, and the use of circumstantial evidence must be complete and incapable of exp....
Circumstantial evidence must be cogently established and form a complete chain pointing to guilt; mere suspicion cannot replace proof beyond reasonable doubt.
Circumstantial evidence can establish guilt if it forms a complete chain pointing to the accused, even without direct evidence.
Circumstantial evidence requires complete chain excluding innocence; long time gap invalidates last seen theory without ruling out third-party intervention; open-place recoveries lack credibility; un....
When both the courts below recorded concurrent finding of facts, Supreme Court therefore should focus its analysis on the legal aspects emanating from the concurrent findings so recorded. It should n....
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