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N. KOTISWAR SINGH, ARUN DEV CHOUDHURY
Heoti Mahan – Appellant
Versus
State of Assam, Represented by P. P. – Respondent
JUDGMENT :
N. Kotiswar Singh, J.
Heard Mr. B. Prasad, learned Amicus Curiaein CRL.A.(J) No.76/2017 and Mr. D. Das, learned Additional Public Prosecutor, Assam.
2. These two appeals, namely, CRL.A.(J) No.76/2017 and Crl.A.330/2017 have been preferred by the same person, one Smt. Heoti Mahan, one through the jail authorities which is represented by the Amicus-Curiae and another through the engaged counsel Mr. P.J. Saikia, who is not present today.
3. Since these appeals have been preferred against the same judgment passed by the learned Sessions Judge, Sivasagar on 30.05.2017 in Sessions Case No.164(S-C) of 2014 arising out of G.R. Case No.335/2014 and Mr. B. Prasad has been appointed by this Court as Amicus Curiae to represent the interest of the convict appellant Smt. Heoti Mahan, we are of the view that we can proceed with these matters even if earlier engaged counsel Mr. P.J. Saikia and Mr. B. Buragohain are not present today.
4. In these appeals, the appellant, Smt. Heoti Mahan was convicted for committing offence punishable under Section 302 of the Indian Penal Code (IPC), 1860 and was sentenced to undergo Rigorous Imprisonment (RI) for life and also was imposed a fine of Rs.1,000/-
Circumstantial evidence and extra-judicial confessions can sustain a murder conviction, provided they form a complete chain, even without eyewitness testimony.
A confessional statement made voluntarily and corroborated by other evidence can be relied upon for conviction even if it is retracted during the trial.
The court relied on circumstantial evidence, the credibility of witnesses, and the nature of the injuries to establish the guilt of the accused under IPC 302.
Extra-judicial confessions are weak evidence and require corroboration; reliance on such confessions without substantive proof renders convictions unsafe.
(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....
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