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LANUSUNGKUM JAMIR, KARDAK ETE
Balia Mura S/o Late Lakhania Mura – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
KARDAK ETE, J.
1. Heard Mr. A. Ahmed, learned Amicus Curiae representing the appellant. Also heard Ms. S. Jahan, learned Additional Public Prosecutor appearing for the respondent State.
2. This criminal appeal has been preferred by the convict accused of murder under Section 302 IPC, 1860 against the judgment and order dated 27.06.2019 passed by the Sessions Judge, Karbi Anglong in Sessions Case No. 10 of 1999, wherein the appellant has been convicted and sentenced to undergo Rigorous Imprisonment for life with a fine of Rs. 2000/- (Rupees Two Thousand) and in default, to undergo Simple Imprisonment for 6 (six) months.
3. The case of the prosecution in brief is that on 14.07.1997, one Shri Nagen Saikia lodged an Ejahar before the Borpathar Police Outpost under Bokajan Police Station stating that on 13.07.1997 at about 7:00 PM the accused, Shri Balia Mura hacked his nephew, Manik Saikia to death at his paddy field in No. 1 KathKatiya Village field over the issue of blocking an irrigation channel to the paddy field. The accused after committing the offence surrendered at Borpathar Police Outpost. On receipt of the Ejahar, the I/C, Borpathar Police Outpost made G.D. Entry vide
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....
The confessional statement of the Appellant was inadmissible under Sections 24 to 27 of the Evidence Act, and the remaining evidence was insufficient to prove the Appellant's guilt beyond reasonable ....
Point of Law : Provision of Section 313 Cr.P.C. are to bring substance of accusation to accused so that he can explain every circumstance appearing against him during course of evidence and it is man....
Section 106 of the Indian Evidence Act, 1872, states as burden of proving fact especially within knowledge - When any fact is especially within the knowledge of any person, the burden of proving that....
A confessional statement made voluntarily and corroborated by other evidence can be relied upon for conviction even if it is retracted during the trial.
Confessional statement recorded without informing to accused as to why he desires to confess and he would not be remanded to police Lock-up even if, he does not confess guilt, cannot be relied on.
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.
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