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LISA GILL, RITU TAGORE
Ganga Ram – Appellant
Versus
State of Haryana – Respondent
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-respondents No.2 to 5 for commission of an offence punishable under Section 302 read with Section 34 IPC.
2. Facts are that the complainant, Rohit Kumar son of Ganga Ram, on 09.10.2015 met the police party headed by SI Ashok Kumar (Investigating Officer), present at Bakhtawar Chowk Gurugram on their routine patrol duty and recorded his statement Exh. PJ, stating that he is an auto-rickshaw driver and his elder brother Vikas alias Vicky (since deceased) was doing the job as a car cleaner at Residency Green, Sector 47, Gurugram for the last 20/25 days. On 08.10.2015 at about 11:30 a.m., his brother Vikas @ Vicky told him that he had to go to Police Station Sadar, Gurugram for police verification as residents of the society were asking for the same. Meanwhile, Dinesh a friend of the deceased, came home and they spoke with each other and after that both of t
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.
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....
The sufficiency of circumstantial evidence and the burden of proof under Section 106 of the Indian Evidence Act in establishing guilt in a murder case.
(1) Section 34 IPC and 115 IPC would not go hand in hand.(2) Evidence is raw material which Judge or Adjudicator uses to reach a finding of fact – Courts can record order of conviction even in a case....
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