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MICHAEL ZOTHANKHUMA, MRIDUL KUMAR KALITA
Doman Mardi, S/o-Sri Chapal Mardi – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
Mridul Kumar Kalita, J.
1. This criminal appeal has been registered on receipt of an appeal petition from the appellant, namely, Doman Mardi, who has been detained in District Jail, Udalguri, through the Superintendent District Jail, Udalguri. In this appeal, the judgment delivered by the learned Sessions Judge, Udalguri in Sessions Case No. 116(U)/2014, on 30.06.2017, has been impugned. By the said judgment, the present appellant along with one Sona Besra @ Mandal were convicted under Section, 302/34 of the Indian Penal Code and also under Sections 376/34 of the Indian Penal Code and they were sentenced to undergo rigorous imprisonment for seven years under Section 376/34 of Indian Penal Code and also sentenced to undergo imprisonment for life and to pay fine of Rs.1,000/-and in default of payment of fine to undergo rigorous imprisonment for one month under Section 302/34 of the Indian Penal Code. Both the sentences were directed to run concurrently.
2. The facts relevant for adjudication for this jail appeal, in brief, are as follows:-
The court ruled that evidence must consistently establish guilt, and circumstantial evidence alone cannot justify a death sentence without clear and compelling justification for extreme culpability.
The main legal point established is the requirement for the prosecution to prove guilt beyond reasonable doubt, especially in cases based on circumstantial evidence, and the need for a complete chain....
Suspicion cannot replace proof in criminal cases.
(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 main legal point established in the judgment is the requirement of direct evidence to prove the awareness of the victim's caste for conviction under section 3(2) (v) of the Scheduled Caste/Schedu....
(1) Extra-judicial confession – Extra-judicial confession is a weak piece of evidence – If extra-judicial confession suffers from material discrepancies or inherent improbabilities and does not appea....
The prosecution must prove beyond reasonable doubt that the accused caused the death of the deceased in order to secure a conviction for culpable homicide not amounting to murder under Section 304 Pa....
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