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MICHAEL ZOTHANKHUMA, MALASRI NANDI
Kulai Mura @ Kulen – Appellant
Versus
State of Assam, Rep. by PP, Assam – Respondent
JUDGMENT :
M. Zothankhuma, J.
Heard Mr. H. Gupta, learned Amicus Curiae appearing for the appellant. Also heard Ms. B Bhuyan, learned Additional Prosecutor, appearing for the State respondent.
2. This appeal has been preferred against the Judgment dated 04.11.2019, passed by the court of the learned Sessions Judge, Lakhimpur in Sessions Case No. 205(NL)/2017, by which the appellant has been convicted under Section 302 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000/-, in default rigorous imprisonment for 6 (six) months, for killing his wife.
3. The prosecution case in brief is that the father of the appellant/prosecution witness-1 (PW-1) submitted an FIR dated 29.10.2017 to the Officer-In-Charge of the Ghilamara Police Station stating that on the night of 28.10.2017, his son, the appellant had killed his daughter-in-law by assaulting her. In pursuance to the FIR submitted by PW-1, Ghilamara P.S. Case No. 130/2017 under Section 302 IPC was registered. After investigation of the case, the Investigating Officer filed a charge-sheet, having found a prima-facie case against the appellant under Section 302 IPC.
4. Charge under Section 302 IPC was fram
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 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....
(1) Murder – If in a case based on circumstantial evidence, accused evades response to an incriminating question or offers a response which is not true, such a response, in itself, would become an ad....
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.
(1) Section 106 of Evidence Act does not directly operate against either a husband or wife staying under same roof and being last person seen with deceased.(2) In a case of circumstantial evidence, m....
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....
The prosecution must prove guilt beyond reasonable doubt; suspicion alone is insufficient for conviction.
In circumstantial evidence cases, a complete chain of evidence must be established to prove guilt beyond reasonable doubt, regardless of the presence of motive.
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