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KALYAN RAI SURANA, BUDI HABUNG
Padma Sonowal, S/o. late Longkeswar Sonowal – Appellant
Versus
State of Arunachal Pradesh, to be represented by Public Prosecutor – Respondent
JUDGMENT :
(Budi Habung, J.) :
1. This appeal is directed against the judgment dated 11.11.2019 and order on sentence dated 16.11.2019, passed by the learned Session Judge, Khonsa, in Session Case No. 45/2019, convicting the accused Shri Monjit Sonowal under Section 302 of the Indian Penal Code (for short IPC hereinafter) and sentencing him to undergo rigorous imprisonment for life and a fine of Rs.10,000/- and in default to undergo simple imprisonment of 2 (two) months.
FACTS OF THE CASE
2. The present case has arisen due to recovery of one unidentified female dead body from the jungle situated between Kherem Bisa village and Bisa Agro Tea Estate in almost decomposed stage infected with maggots. On 12.11.2016, PW-6 Smti. Monika Bhumij along with her friends Rina Sonar and Anita Bhumij while proceeding towards Bisa Agro Tea Estate had sensed some foul odour and following the odour, they saw one unidentified female dead body lying in a decomposed state. Thereupon, they had informed the matter to one Jiten Bhumij (PW-1), who then had informed the matter to the Manager of the Bisa Agro Tea Estate, and filed a written FIR before the O.C. of P.S- Bordumsa which was registered as Bordumsa P.
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.
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.
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.
Confessions made voluntarily and without pressure under Section 164 of Cr.P.C. are admissible as evidence.
Provisions of Section 164 Cr.P.C must be complied with not only in form, but in essence.
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....
A confessional statement made voluntarily and corroborated by other evidence can be relied upon for conviction even if it is retracted during the trial.
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.
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