Back
SUMAN SHYAM, MALASRI NANDI
Ram Krishna Laskar – Appellant
Versus
State of Assam Rep. by PP – Respondent
JUDGMENT :
Suman Shyam, J.
Heard Mr. U. Choudhury, learned Amicus Curiae appearing for the appellant in Crl. Appeal (J) No.84/2018 and Ms. R. D. Mazumdar, learned Amicus Curiae appearing for the appellant in Crl. Appeal (J) No.105/2018. We have also heard Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam, appearing for the State.
2. Both these jail appeals are directed against the common judgment dated 06.07.2018 passed by the learned Additional Sessions Judge, Nagaon in Sessions Case No.26/2017 convicting both the appellants under Section 302/34 of the Indian Penal Code for committing the murder of Monoranjan Deka and sentencing them to undergo rigorous imprisonment for life and also to pay fine of Rs.5000/-each with default stipulation. Crl. Appeal (J) No.84/2018 has been preferred by appellant Ram Krishna Laskar (A-1) whereas Crl. Appeal (J) No.105/2018 has been preferred by co-accused/appellant Pranjal Laskar (A-2).
3. The facts of the case, in brief, is that on 10.08.2016 the father of the victim viz., Sri Ratneswar Deka had lodged an ejahar before the Officer-in-Charge of Nagaon Sadar Police Station Nagaon alleging that on 09.08.2016 while his son Monoranjan Deka (Babu)
Point of Law : Conviction set aside - Prosecution has failed to prove the charge brought against the accused persons beyond reasonable.
Circumstantial evidence alone, especially the last seen theory without corroboration, is insufficient for conviction; guilt must be established beyond reasonable doubt.
In cases based on circumstantial evidence, the prosecution must establish a complete chain of circumstances and prove the guilt of the accused beyond reasonable doubt.
In criminal cases based on circumstantial evidence, a complete and conclusive chain establishing guilt beyond reasonable doubt is necessary; mere suspicion is insufficient.
The prosecution must prove guilt beyond reasonable doubt in criminal cases, especially when relying on circumstantial evidence, which requires stringent adherence to established evidentiary standards....
The main legal point established in the judgment is the application of the 'last seen together theory' and the reliance on circumstantial evidence, medical evidence, and recovery evidence to establis....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
