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MICHAEL ZOTHANKHUMA, MITALI THAKURIA
Lalu Karmakar S/o Sri Ram Charan Karmakar – Appellant
Versus
State Of Assam Represented By The Public Prosecutor, Assam – Respondent
JUDGMENT :
M. Thakuria, J
Heard Ms. R. D. Mazumdar, learned counsel for the appellant. Also heard Ms. B. Bhuyan, learned Additional Public Prosecutor for the State respondent.
2. This jail appeal has been preferred against the judgment & order, dated 17.02.2023, passed by the Additional Sessions Judge Cum Special Judge, POCSO, Tinsukia, in Sessions Case No. 111 (T) of 2022, whereby, the learned Additional Sessions Judge, Tinsukia, has convicted the present appellant under Section 302 of the Indian Penal Code and thereby sentenced him to undergo Rigorous Imprisonment for life and also imposed fine of Rs. 5,000/- (Rupees five thousand) only and in default to undergo Simple Imprisonment for 1 (one) month.
3. The brief facts of the prosecution case is that on 22.05.2022, one Reena Muna, wife of Late Ram Charan Karmakar of Badlabhata T.E. Spring Line, had expired at Longswal Central Hospital. During her treatment at the hospital, the deceased stated before the nurses of the hospital that she was physically assaulted by her son-Lalu Karmakar (present appellant) in the evening of 18.05.2022, resultant to which she received injuries and on 19.05.2022, the deceased was taken to the hospital in
The court clarified the legal position regarding the admissibility of dying declarations and the interpretation of Explanation II to Section 299 IPC in cases of culpable homicide.
The dying declaration can be the sole basis for conviction if it is true, reliable, and recorded in accordance with law. The cause of death due to septicaemia led to the classification of the offence....
Murder – Non-examination of Doctor who conducted autopsy on dead body of deceased and who prepared post-mortem report is not fatal to case of prosecution.
The main legal point established is that the evidence of a sole eye-witness can be relied upon if it is convincing and corroborated by other evidence, even if the oral dying declarations are found to....
The main legal point established in the judgment is the reliance on dying declaration as a sole basis for conviction under Section 302/34 of IPC, the interpretation of Section 498A of IPC, and the ap....
The judgment establishes the importance of dying declarations and the application of appropriate sections of the IPC based on the circumstances and intention of the accused.
Point of Law : Hostility of witnesses of fact cannot demolish the value and reliability of the dying declaration of the deceased, which has been proved by prosecution in accordance with law and is a ....
The reliability of dying declaration, the role of hostile witnesses, and the distinction between murder and culpable homicide not amounting to murder in cases of death due to septicemia.
The court relied on oral and documentary evidence to establish the guilt of the accused under Section 302 IPC.
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