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DIPANKAR DATTA, SURYA KANT
Markash Jajara – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
1. Leave granted.
2. The Gauhati High Court has dismissed the jail appeal, vide the impugned judgment dated 12.03.2019, preferred by the appellant against the judgment and order dated 03.10.2016, passed by the learned Sessions Judge, Jorhat whereby the appellant was held guilty of having committed the murder of his son-in-law, namely, late Markush Borja and sentenced to undergo life imprisonment with a fine of Rs. 10,000/- with the stipulated imprisonment of six months on default of payment of the fine amount in Sessions Case No. 188(J-T)/2015, arising out of Titabar P.S. Case No. 65/2015.
3. The above-stated FIR, under Section 302 IPC, was registered on the receipt of an ejahar submitted by PW-8 (Well Borja), on the same day, to the effect that his younger brother- Markush Borja had been assaulted and killed by the appellant with a bamboo stick. The occurrence took place inside the house of the appellant. The informant had gone to the house of the appellant and found his brother, who had been staying with his in-laws for the last 3/4 months, lying dead.
4. Following the registration of the FIR, the appellant was arrested and a charge-sheet under Section 302 IPC was filed ag
Unintentional homicide is not murder.
The prosecution's successful establishment of the chain of events and the application of Section 106 of the Evidence Act placed the burden on the appellants to prove otherwise.
Burden of proof – In a case based on circumstantial evidence, whenever an incriminating question is posed to accused and he or she either evades response, or offers a response which is not true, then....
(1) Non-examination of Investigating Officer in all cases does not render prosecution case vulnerable.(2) There is no legal impediment in convicting a person on sole testimony of a single witness pro....
The burden of proving insanity lies with the defense, and every minor mental aberration does not constitute legal insanity.
The court established that circumstantial evidence, when unbroken and corroborated by confession, can lead to a conviction for murder, emphasizing the burden of proof on the accused.
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