Back
N. KOTISWAR SINGH, ARUN DEV CHOUDHURY
Raju Mura – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
A.D.Choudhury, J
Heard Ms. B. Sarma, learned Amicus Curiae representing the appellant. Also heard Mr. D. Das, learned Additional Public Prosecutor, State of Assam.
1. The present appeal is preferred from Jail through the Superintendent of District Jail Golaghat, by the accused appellant Sri Raju Murah, who was convicted on 01.03.2017 and sentenced to undergo Rigorous Imprisonment for life and to pay a fine of Rs. 1000/-in default S. I. for 2 (two) months under Section 302 of IPC in connection with Sessions Case No. 206/2014 (GR Case No. 2021/2013) by the learned Additional Sessions Judge, Golaghat. Being an appeal from jail, this Court had appointed Ms. Bijita Sarma, learned counsel as Amicus Curiae in the matter to represent the case of the appellant.
2. The prosecution was launched on the basis of an F.I.R. lodged by one Raju Karmakar before the Officer in Charge, Khumtai Police Out Post, inter alia, alleging that his son Mintu Karmakar went out of his house in the evening on 31.10.2013 and he did not return home on that night and in the morning he came to know that around 11:00 PM on the previous night, the accused/appellant Raju Murah killed his son Mintu Karmakar by ass
Act of appellant would fall under exception 4 to Section 300 of Indian Penal Code as appellant did not intend to kill his wife, however, knowledge that his act of assault by lathi may likely to cause....
Point of Law : Even sub-clause (4) of Section 164 Cr.P.C. clearly indicates that such confession must be recorded in the manner provided under Section 281 Cr.P.C.
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....
It is well settled that in case based on circumstantial evidence, circumstances from which an inference of guilt sought to be drawn must be cogently and firmly established, and that those circumstanc....
(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....
The court established that circumstantial evidence, when unbroken and corroborated by confession, can lead to a conviction for murder, emphasizing the burden of proof on the accused.
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
