ASHOK KUMAR Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) VIDE impugned judgment and order dated 25. 11. 2004, the appellant has been convicted for the offence of having murdered his brother Prem Chand. The appellant has been sentenced to undergo imprisonment for life. The correctness of the findings rendered by the learned Trial Judge have been questioned in appeal. Two submissions have been urged at the hearing of the appeal.

(2.) IT is firstly urged that the evidence on record casts, at best, a grave suspicion on the conduct of the appellant but fails to achieve the standard of proof beyond reasonable doubt. Second submission made is that at best it is a case of culpable homicide simplicitor and not culpable homicide amounting to murder.

(3.) TO consider the merits of the contention urged, a brief backdrop of the case at hand may be penned.