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MICHAEL ZOTHANKHUMA, MRIDUL KUMAR KALITA
Chandan Biswas – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
M. Zothankhuma, J.
1. Heard Mr. A Sharma, learned counsel for the appellants. Also heard Ms. B Bhuyan, learned Additional Public Prosecutor, appearing for the State of Assam.
2. This appeal is against the judgment dated 07.06.2019, passed by the learned Additional District & Sessions Judge No. 2, Nagaon in Sessions (T-1) Case No. 10(N)/2015, by which the appellants have been convicted under Sections 302/34 IPC and sentenced to undergo imprisonment for life with a fine of Rs. 5,000/-each, in default to suffer rigorous imprisonment for 3 (three) months.
3. The prosecution’s case in brief is that an FIR dated 18.05.2013 was submitted by Prosecution Witness No. 9 (in short PW-9) to the Officer-In-Charge Samaguri Police Station, to the effect that her daughter, Dipali Biswas had been married off to the appellant No. 1 and that at the time of marriage various gifts had been given. However, the appellant No. 1 (husband), appellant No. 2 (mother-in-law) and the elder brother of the appellant No. 1 had been torturing her daughter physically and demanding dowry from her. The FIR further states that the above three persons had killed her daughter and packed her dead body in a gunny bag
The judgment establishes the application of circumstantial evidence in dowry death cases, emphasizing the burden of proof on the accused, the need for a complete chain of evidence, and the rejection ....
It is well settled that in a case of circumstantial evidence, circumstances should be such so as to lead to only one irresistible conclusion, which is incompatible with innocence of accused.
The burden of proof in a criminal case lies on the prosecution, but in cases of circumstantial evidence, the burden on the accused to provide a cogent explanation is lighter. Motive and conduct are r....
The significance of motive in cases of circumstantial evidence, the burden of proof on the accused in cases of murder committed in secrecy inside a house, and the application of Section 106 of the Ev....
The court established that circumstantial evidence and motive for honour killing justified the conviction for murder, while mitigating factors led to the commutation of the death penalty to life impr....
The judgment established the principle of presumption of innocence, the requirement for reliable evidence, and the need to prove guilt beyond reasonable doubt in criminal cases.
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