Back
Pradip Baskey – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
N. KOTISWAR SINGH, J.
Heard Mr. Z. Hussain, learned counsel for the appellant. Also heard Mr. R. Kaushik, learned Additional Public Prosecutor, Assam, appearing for the State.
2. The present appeal has been preferred against the impugned judgment and order dated 7.5.2018 passed by the learned Additional Sessions Judge, Dibrugarh, in Sessions Case No. 283/2013, by which the present appellant was convicted for murder of his wife under section 302, IPC and sentenced to undergo rigorous imprisonment for life and also to pay a fine of Rs. 10,000, in default of which he is to undergo simple imprisonment for one month.
3. Upon an FIR filed on 11.1.2013 by one Abhijit Murrhu, who is the brother-in-law of the appellant, informing that the appellant after marrying informant's sister Smt. Anima Murmu for about 17 years had been physically assaulting his sister and when he went to his sister's house he came to learn that at about 11 p.m. on 10.1.2013 the appellant had brutally assaulted his elder sister with hands, as a result of which she died. Accordingly, a police case vide Tingkhong PS Case No. 13/13 was registered under section 302, IPC. Upon completion of investigation, the appell
The burden of proof under Section 106 of the Evidence Act, 1872, and the establishment of a strong presumption against the accused in cases where the deceased is found inside a closed house influence....
Circumstantial evidence and extra-judicial confession, when corroborated by testimony, can support a conviction for murder under Section 302 IPC.
There was no eye witness as to actual assault on body of deceased which lead to her death and as such, it can be said that conviction of appellant is based on circumstantial evidence.
The obligation of an inmate in a house to provide plausible explanations for a crime occurring therein shifts certain evidential burdens under legal standards.
The court established that circumstantial evidence must form a complete chain to prove guilt, and the failure of the appellant to explain the injuries sustained by the deceased led to conviction unde....
A conviction for murder under Section 302 IPC was adjusted to culpable homicide under Section 304 due to ambiguities in witness accounts and lack of intent, establishing a precedent for interpreting ....
Criminal Law – Offence of Murder - Burden of proving fact especially within knowledge - Prosecution has succeeded in establishing other circumstances in chain raising a strong presumption of guilt ag....
Drunkenness does not absolve murder liability; intention to kill is assessed based on evidence, including circumstantial evidence of injuries indicating guilt.
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
