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MICHAEL ZOTHANKHUMA, MALASRI NANDI
Anurag Goswami, S/o Sri Dimbeswar Goswami – Appellant
Versus
State Of Assam – Respondent
JUDGMENT
Malasri Nandi, J.
Heard Mr. R.P. Sarmah, learned Senior counsel appearing for the appellant. Also heard Ms. B. Bhuyan, learned Additional Public Prosecutor appearing for the State and Mr. D. Bora, learned counsel appearing for the respondent No.2.
2. This appeal has been preferred by the appellant Anurag Goswami challenging the judgment and order dated 16.12.2019 passed by the learned Sessions Judge, Kamrup(M), Guwahati in Sessions Case No.258/2015, whereby the accused/appellant was convicted under Section 302 IPC and sentenced him to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/-in default of payment of fine to undergo simple imprisonment for 6(six) months.
3. The prosecution case is that the informant Mon Mohan Barman lodged an FIR dated 26.11.2012 stating inter alia that on 25.11.2012 at about 6.30 p.m. while his uncle Khagen Barman was on duty at S. Tel office, at Monal Tower under Dispur police Station, the Accused/appellant Anurag Goswami along with another person had assaulted him with steel strip and other sharp weapon inside the said office, thereby injuring him grievously in various parts of his body. Immediately, his uncle was admitted to Gu
Inconsistent dying declarations cannot suffice for conviction without corroborating evidence, especially when procedural guidelines for a fair trial are not met.
Murder – Non-examination of Doctor who conducted autopsy on dead body of deceased and who prepared post-mortem report is not fatal to case of prosecution.
(1) Dying declaration – For a statement to be termed dying declaration, circumstances discussed/disclosed therein must have some proximate relation to actual occurrence – If a dying declaration inspi....
A dying declaration must be trustworthy and corroborated; significant discrepancies in the statement led to acquittal due to reasonable doubt not established by prosecution.
The court relied on oral and documentary evidence to establish the guilt of the accused under Section 302 IPC.
The central legal point established in the judgment is the need for caution in relying on dying declarations, the importance of corroborative evidence, and the entitlement of the accused to the benef....
A conviction cannot solely rely on a dying declaration unless it is proven to be voluntary and reliable, with the accused given a chance to explain incriminating evidence.
Point of Law : Power of an Appellate Court to review evidence in appeals against acquittal is as extensive as its powers in appeals against convictions, but that power is with a note of caution that ....
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