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KALYAN RAI SURANA, KARDAK ETE
Charua Kachua @ Sushil Kujur S/o. Lt. Budhu Ram Kachua @ Kujur – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
K.R.Surana, J.
Heard Mr. B.J. Talukdar, learned Senior counsel and amicus curiae in this appeal, assisted by Ms. U. Augusty, learned counsel for the appellant. Also heard Mr. D. Das, learned Addl. P.P. for the State.
2. The appellant, who is in jail has filed this appeal under section 374(2) Cr.P.C. read with section 383 Cr.P.C. against the judgment and order of sentence dated 19.07.2019, passed by the learned Sessions Judge, Udalguri in Sessions Case No. 43/2017, thereby convicting the appellant under section 302 IPC and sentencing him to undergo imprisonment for life.
Case of the prosecution:
3. One Manoj Kumar Mishra had lodged an FIR on 08.12.2015 with the O/C, Dimakuchi P.S., informing that during the night hours on 06.12.2015, Dipali Kachua (Kujur), who used to work in his tea garden had passed away. It was informed that he came to know in the morning of 07.12.2015 that her husband Charua Kachua @ Sushil Kujur had killed her under the influence of liquor and thereafter he fled, taking his eight year old daughter along with him. It was informed that he got her post mortem (PM for short) done and made arrangements for her cremation. Accordingly, the Dimakuchi P.S. Case No
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.
A confessional statement made voluntarily and corroborated by other evidence can be relied upon for conviction even if it is retracted during the trial.
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....
Act of appellant would fall under exception 4 to Section 300 of Indian Penal Code as appellant did not intend to kill his wife, however, knowledge that his act of assault by lathi may likely to cause....
The court upheld the conviction under Section 304 Part-II IPC, emphasizing that the absence of premeditation and the nature of the incident fell within Exception 4 of Section 300 IPC.
Provisions of Section 164 Cr.P.C must be complied with not only in form, but in essence.
A conviction based on circumstantial evidence requires substantial corroboration, particularly with confessions, where voluntariness and trustworthiness must be proven to avoid wrongful convictions.
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.
The main legal point established in the judgment is that a confessional statement, even if voluntary, must indicate intention or motive to establish a conviction under Section 302 IPC. The court also....
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....
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