Jammu and Kashmir High Court Upholds Life Imprisonment for Husband and His Paramour in Murder Case

Court affirms conviction based on circumstantial evidence; murder motivated by extramarital affair  

In a significant ruling, the Jammu and Kashmir High Court upheld the life imprisonment sentence for Arvind Verma and his paramour in a murder case driven by extramarital motives. The court confirmed the conviction based on a comprehensive chain of circumstantial evidence, dismissing the appeal filed by the defendants challenging the lower court's judgment.  

The case dates back to March 2011, when the body of Shoba Verma, wife of Arvind Verma, was discovered in a guest house in Katra with her throat slit. The prosecution argued that the murder was a result of a conspiracy between Arvind Verma and his paramour to eliminate Shoba, who they saw as an obstacle in their illicit relationship. Key elements of the prosecution's case included the "last seen together" theory, false entries in the hotel register, and absconding behavior post-crime.  

The defense questioned the reliability of the prosecution's evidence, particularly the lack of a Test Identification Parade and the admissibility of electronic evidence. However, the court found the testimonies of independent witnesses and the circumstantial evidence sufficient to affirm the guilt of the accused. The court observed that the defendants failed to provide plausible explanations for the incriminating circumstances, which further strengthened the prosecution's case.  

In its judgment, the court acknowledged the gravity of the crime but determined that it did not fall under the "rarest of rare" category warranting a death sentence. Instead, the court upheld the life imprisonment sentence, emphasizing the need for proportionality in sentencing.  

The court's decision underscores the judicial system's reliance on circumstantial evidence and the importance of a thorough investigation in securing convictions in complex cases.  

Bottom Line:

Circumstantial evidence - The theory of last seen together, false entries in a hotel register, absconding behavior, and absence of a plausible explanation by the accused can strongly establish guilt. In cases of circumstantial evidence, a complete chain of events must be proven to exclude every hypothesis except the guilt of the accused.

Statutory provision(s): Sections 302, 201, 120-B of the Ranbir Penal Code (RPC), Section 4/25 of the Arms Act, Section 106 of the Evidence Act, Section 161 and 342 of the Code of Criminal Procedure

Arvind Verma v. State of J&K, (Jammu And Kashmir)(DB) : Law Finder Doc Id # 2814230