Back
SANDEEP MEHTA, SUSMITA PHUKAN KHAUND
Ajit Kumar, Son of Late Mohan Kumar – Appellant
Versus
State of Assam, represented by P. P. Assam – Respondent
JUDGMENT :
Sandeep, Mehta, J.
The instant Criminal Jail Appeal under Section 374(2) Cr.P.C. has been preferred by the appellant/convict Ajit Kumar being aggrieved of the judgment and order dated 09.05.2017 passed by the learned Additional Sessions Judge, Dibrugarh in Sessions Case No.278/2013, whereby the appellant herein was convicted for the offence punishable under Section 302 IPC and was sentenced to imprisonment for life and in addition thereto, fine of Rs.5,000/-. In default of payment of fine, he was further awarded Simple Imprisonment (SI) for a period of 1(one) month.
2. Brief facts relevant and essential for disposal of the appeal are noted here-in-below.
On 19.02.2008, the Officer In-Charge of Moran Police Station received telephonic information that a dead body had been seen in an abandoned truck, which was parked near a hotel at Jhollong area. Upon receiving the said information, the police team rushed to the spot and a dead body was seen in the abandoned truck bearing Registration No.WB-23/A-2527. Pursuant to the discovery, the officers of Moran Police Station, prepar
Presiding Officer failed to perform his duty as required by law and did not even refer to facts elicited from cross-examination of witnesses.
Circumstantial evidence must clearly establish each link for conviction; mere recovery is insufficient without a strong evidential chain.
Point of Law : By impugned judgment and order of conviction, appellants in these two appeals were convicted for offence punishable under Sections 302, 364 and 201 read with Section 34 of Indian Penal....
Circumstantial evidence must be cogently established and form a complete chain pointing to guilt; mere suspicion cannot replace proof beyond reasonable doubt.
Possession of counterfeit currency requires proof of mens rea; mere possession is insufficient for conviction under relevant IPC sections.
Convictions under Section 302 of IPC require corroborative evidence, and in the absence of reliable evidence, guilt cannot be established beyond reasonable doubt.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
