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KALYAN RAI SURANA, ROBIN PHUKAN
Ram Chetry, S/o Lt. Nor Bahudur @ Hari Chetry – Appellant
Versus
State Of AP represented by the PP of AP – Respondent
JUDGMENT :
K.R. Surana, J.
Heard Mr. S. Mow, learned amicus curiae, appearing for the appellant. Also heard Ms. T. Jini, learned Addl. Public Prosecutor (APP for short) for the State.
2. The notice issued to the complainant/informant (respondent no. 2) by registered post with acknowledgement due, was received by one Maya Tamang on 18.06.2020. Hence, notice by usual process was issued by this Court. Thereafter, the learned Chief Judicial Magistrate, Changlang had submitted a report dated 17.11.2021, to the effect that the wife of the complainant, namely, Smt. Gopi Maya Lama had informed that the complainant/ informant had died on 10.09.2019. Accordingly, by virtue of order dated 02.12.2021, it was provided that in the meantime if the victim or any other private person on their own volition comes forward before the Court with a pleader for participating in the proceeding, grant of permission to such person would be considered as per law. However, the Court had observed that the case was otherwise ready for hearing.
3. The appellant, namely, Ram Chetry, who is currently lodged in District Jail, Tezu has preferred this appeal against the judgment and order of sentence dated 17.10.2019, pas
The judgment establishes the distinction between culpable homicide and murder under the Indian Penal Code, emphasizing the requirement of premeditated intention for a murder conviction.
The need for circumstances to be fully established and consistent only with the hypothesis of the guilt of the accused, and the requirement for corroboration of an oral dying declaration by other ind....
The court affirmed the conviction under Section 302 IPC based on credible eyewitness accounts and a reliable dying declaration, establishing the appellant's guilt beyond reasonable doubt.
The conviction for murder was upheld based on substantial eyewitness testimony and evidence of motive, affirming the principle that direct evidence substantiates a guilty verdict beyond reasonable do....
The court upheld the conviction of one appellant for murder based on credible eyewitness testimony and medical evidence, while acquitting the other due to insufficient evidence linking him to the cri....
A dying declaration can be oral or in writing and in any adequate method of communication whether by words or by signs or otherwise will suffice provided indication is positive and definite.
Murder – Conviction and sentence cannot be sustained where eye witnesses to occurrence turned hostile and circumstantial witness also did not support prosecution case.
A dying declaration can serve as the sole basis for conviction if found trustworthy, supported by corroborative evidence.
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