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SUMAN SHYAM, MITALI THAKURIA
Arjun Chetry @ Ron Bahadur Chetry Tinsukia – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
SUMAN SHYAM, J.
1. Heard Mr. K. Goswami, learned Sr. counsel appearing in this case as amicus curiae. We have also heard Ms. B. Bhuyan, learned Sr. Counsel (Addl. P.P. Assam) appearing for the State. None has appeared for the informant.
2. Assailing the judgment and order dated 02-01-2019 passed by the learned Addl. District and Sessions Judge (FTC) No. 1, Margherita at Tinsukia in connection with Sessions Case No. 45(M)/2016 convicting the sole appellant under Section 302 of the IPC and sentencing him to undergo rigorous imprisonment for life and also to pay fine of Rs. 5,000/- in default, to undergo simple imprisonment for 06 months, the present appeal from jail has been preferred.
3. The appellant in this case was accused of causing death to his mother, viz. Indramaya Chetry on 16-10-2015 at around 10:00 a.m. by hacking her with a ‘dao’. Another son of the victim, viz. Prakash Chetry has lodged an ejahar before the Officer-in-Charge of the Lekhapani Police Station reporting the incident. Upon receipt of the ejahar, Lekhapani P.S. Case No. 142/2015 was registered on 16-10-2015 under Section 302 of the Indian Penal Code (IPC) and the matter was entrusted to Sub-Inspector of
Circumstantial evidence and extra-judicial confessions can sustain a murder conviction, provided they form a complete chain, even without eyewitness testimony.
In circumstantial evidence cases, a complete chain of evidence must be established to prove guilt beyond reasonable doubt, regardless of the presence of motive.
Circumstantial evidence must form a complete and unbroken chain to establish guilt beyond reasonable doubt; mere suspicion is insufficient for conviction.
The court ruled that evidence must consistently establish guilt, and circumstantial evidence alone cannot justify a death sentence without clear and compelling justification for extreme culpability.
The testimony of a police officer, even if acting as a sole or chance witness, is sufficient for conviction provided it is credible and trustworthy. Procedural lapses, such as failing to send a weapo....
Circumstantial evidence, coupled with a lack of alibi or credible explanation from the appellant, sufficiently establishes guilt in a murder conviction under Section 302 IPC.
Entries in police diary cannot be used in seeking confirmation of an opinion on question of appreciation of evidence.
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.
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