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S.K.MEDHI, ROBIN PHUKAN
Subhalendu Chakma S/o Late Lal Mohan Chakma – Appellant
Versus
State of A. P. – Respondent
JUDGMENT :
S.K. MEDHI, J.
1. The instant appeal has been preferred against a judgment and order dated 29.09.2015 passed by the learned Court of the Sessions Judge, East Sessions Division, Tezu in Sessions Case No. 118(L)/2011. By the impugned judgment, the appellant has been convicted under Section 302 of the IPC and is sentenced to undergo rigorous imprisonment for life.
2. To appreciate the issue involved, it would be convenient if the facts of the case are narrated in brief:
(ii) Admittedly, there was no eye-witness in the present case and the conviction is apparently based on circumstantial evidence.
(iii) To bring home the charges, the prosecution had adduced evidence through 15 number of PWs. On the other hand, the accused had adduce
The absence of motive does not impair reliable eyewitness testimony; direct evidence is sufficient for conviction.
Circumstantial evidence must establish a continuous chain linking the accused to the crime, and mere suspicion is insufficient for conviction.
Provisions of Section 106 of Evidence Act itself are unambiguous and categoric in laying down that when any fact is especially within knowledge of a person, burden of proving that fact is upon him.
A fair investigation is crucial; discrepancies in witness testimonies and procedural lapses can lead to acquittal if the prosecution fails to prove guilt beyond reasonable doubt.
Circumstantial evidence must form a complete and unbroken chain to establish guilt beyond reasonable doubt; mere suspicion is insufficient for conviction.
The prosecution must establish a complete chain of circumstantial evidence beyond reasonable doubt for a conviction under Section 302 IPC.
The importance of credible eyewitness testimony, reliable and clinching evidence, and the exclusion of every possible hypothesis except guilt in establishing guilt beyond reasonable doubt.
A conviction based on circumstantial evidence requires a complete chain of evidence that excludes every reasonable hypothesis except guilt; suspicion alone is insufficient for conviction.
Entries in police diary cannot be used in seeking confirmation of an opinion on question of appreciation of evidence.
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