Back
MICHAEL ZOTHANKHUMA, MITALI THAKURIA
Nipen Baruah @ Nripen Baruah, S/o Late Someswar Baruah – Appellant
Versus
State of Assam, Represented by the Public Prosecutor – Respondent
JUDGMENT :
Michael Zothankhuma, J.
1. Heard Mr. N.B.P. Singha, learned counsel for the appellant. Also heard Ms. S. Jahan, learned Additional Public Prosecutor for the State.
2. This appeal has been filed against the impugned judgment dated 30.11.2022 passed by the learned District & Sessions Judge at Diphu, Karbi Anglong in Sessions Case No.327/2017 (new)/ Sessions Case No.33/2010 (old), by which the appellant has been convicted under Sections 302/201 IPC. The appellant was sentenced to undergo life imprisonment under Section 302 IPC with a fine of Rs.10,000/-, in default rigorous imprisonment for 1 (one) year. He was also sentenced to undergo rigorous imprisonment for 7 (seven) years with a fine of Rs.10,000/-, in default rigorous imprisonment for 1 (one) year under Section 201 IPC. The sentences were to run concurrently.
3. The prosecution case in brief is that an FIR dated 22.08.2004 was submitted by the Prosecution Witness No.12 (PW-12), who is the uncle of the deceased boy of 5 years 5 months. The FIR is to the effect that on receiving the news that his nephew Chanakya Baruah
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.
The conviction for murder was altered to culpable homicide not amounting to murder under Section 304 Part-II IPC, as the act was without premeditation, characterized by provocation.
The confessional statement of an accused must be recorded in accordance with law and must be voluntary, true, and trustworthy. A confessional statement cannot be treated as substantive evidence again....
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.
A confessional statement made voluntarily and corroborated by other evidence can be relied upon for conviction even if it is retracted during the trial.
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 confession made by the accused, along with corroborating evidence, can establish guilt beyond reasonable doubt, especially when denial during examination lacks credibility.
Provisions of Section 164 Cr.P.C must be complied with not only in form, but in essence.
The court established that circumstantial evidence, when unbroken and corroborated by confession, can lead to a conviction for murder, emphasizing the burden of proof on the accused.
Compliance with the mandatory requirements for recording a confessional statement under Section 164 of the Cr.P.C. and the need for adequate evidence to establish charges under the Indian Penal Code.
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
