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LANUSUNGKUM JAMIR, KARDAK ETE
Indra Bahadur Limbu – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
KARDAK ETE, J.
1. We have heard Mr. A. Kalita, learned Amicus Curiae, and also heard Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam.
2. This appeal from Jail has been preferred by the appellant/convict against the judgment and order dated 13.12.2019 passed by the Additional Sessions Judge (FTC, Kokrajhar) in Sessions Case No. 29/2019 whereby the appellant has been convicted for the offence under Section 302, IPC, 1860 for committing murder and sentenced to undergo Rigorous Imprisonment for life with a fine of Rs. 5,000/- (five thousand), in default of payment of fine, to suffer further imprisonment for one year.
3. The case of the prosecution is that on 18.03.2019, one Jitendra Singh, ASI lodged an Ejahar before the Officer-in-Charge, Serfanguri Police Station, alleging that on 19.12.2018, the village Headman of Khalashi Village informed him over mobile phone that a 50 years old woman of his village, namely, Nepti Limbu, wife of Indra Bahadur Limbu committed suicide by hanging herself on a Dambarutree in the backside of her house. On the basis of Patgaon Outpost GD Entry No. 275 dated 19.12.2018, he visited the place of occurrence, examined the witnesses nearby a
In a murder conviction based on circumstantial evidence, multiple corroborative factors, including the last seen theory and absence of alternative explanations, can establish guilt beyond reasonable ....
The main legal point established in the judgment is the application of the 'last seen together theory' and the reliance on circumstantial evidence, medical evidence, and recovery evidence to establis....
In criminal cases based on circumstantial evidence, all links in the evidence chain must be established beyond reasonable doubt; mere suspicion is insufficient for conviction.
The judgment emphasizes the requirement for complete and conclusive circumstantial evidence to establish guilt beyond reasonable doubt in criminal cases.
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 court upheld the conviction under IPC Section 302, emphasizing that circumstantial evidence must form a complete chain, proving guilt beyond reasonable doubt without the accused providing an adeq....
In cases based on circumstantial evidence, the prosecution must establish a complete chain of circumstances and prove the guilt of the accused beyond reasonable doubt.
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