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KALYAN RAI SURANA, MRIDUL KUMAR KALITA
Sibu Sarkar, S/o. Sri Poritosh Sarkar – Appellant
Versus
State of Assam, Represented by the Public Prosecutor, Assam – Respondent
JUDGMENT :
Mridul Kumar Kalita, J.
1. Heard Mr. S.S.S. Rahman, learned counsel for the appellant and also heard Ms. B. Bhuyan, learned Additional Public Prosecutor appearing for the State of Assam.
2. This Appeal has been preferred by the appellant, Sri Sibu Sarkar under Section 374(2) of the Code of Criminal Procedure, 1973 impugning the Judgment and Order dated 28.07.2022 passed in Sessions Case No. 61/2017 by the Court of learned Sessions Judge, Udalguri, whereby the present appellant has been convicted under Section 302 of the Indian Penal Code and has been sentenced to undergo life imprisonment and to pay a fine of Rs.10,000/- (Rupees Ten Thousand only) and in default of payment of fine to undergo simple imprisonment for another 6(six) months.
3. The facts relevant for consideration of the instant appeal, in brief, are as follows:-
The prosecution must establish a proximate link between dowry demand and the victim's death under Section 304B IPC; mere suspicion or conjecture is insufficient for conviction.
Conviction must be based on a complete chain of circumstantial evidence; lack of motive and conflicting witness statements create reasonable doubt dismissing the case.
The importance of corroborated evidence and the need for a dying declaration to be recorded by a Magistrate or a doctor in criminal cases.
Murder – Only on the basis of post-mortem report there cannot be conviction for offence punishable under Section 302, I.P.C.
The prosecution must establish a complete chain of circumstantial evidence beyond reasonable doubt for a conviction under Section 302 IPC.
The judgment establishes the application of circumstantial evidence in dowry death cases, emphasizing the burden of proof on the accused, the need for a complete chain of evidence, and the rejection ....
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