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KALYAN RAI SURANA, MRIDUL KUMAR KALITA
Sibu Karuwa – Appellant
Versus
State of Assam – Respondent
1. This appeal under section 374(2) Cr.P.C. is directed against the judgment, order and sentence dated 19.03.2019, passed by the learned Additional Sessions Judge, Dibrugarh in Sessions Case No. 100/2017, thereby convicting the appellant for commission of offence under Section 302 IPC and sentencing him to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/-, in default to undergo simple imprisonment for further 3 (three) months for committing offence under Section 302 IPC. The appeal was presented by the appellant from jail as per the provisions of section 383 Cr.P.C.
2. The prosecution case was set rolling by one Gouri Dirial, who had lodged an FIR on 24.10.2016 with the Namrup Police Station, stating therein that on 23.10.2016, at about 04.00 PM, appellant who works in his tea garden had murdered his wife Smti. Sumanti Panika. Her dead body was recovered in the labour quarter of the appellant. Accordingly, Namrup P.S. Case No. 153/2016 was registered under Section 302 IPC, corresponding G.R. Case No. 3103/2016.
3. On completion of investigation, the I/O found sufficient materials against the appellant and accordingly charge-sheet was submitted in the said case
The burden of proof under Section 106 of the Evidence Act, 1872, and the establishment of a strong presumption against the accused in cases where the deceased is found inside a closed house influence....
The main legal point established in the judgment is the reliance on circumstantial evidence, the shift of burden of proof to the appellant, and the admissibility of extra-judicial confessions in esta....
In circumstantial evidence cases, a complete chain of evidence must be established to prove guilt beyond reasonable doubt, regardless of the presence of motive.
Circumstantial evidence and extra-judicial confession, when corroborated by testimony, can support a conviction for murder under Section 302 IPC.
Circumstantial evidence in domestic murder cases places the burden of explanation on the accused; failure to do so can lead to conviction.
The prosecution must establish the chain of circumstances and prove the guilt of the accused beyond all reasonable doubt in a case based on circumstantial evidence.
The testimonies of close relatives can be reliable, and omissions in police reports and lack of forensic examination are not fatal to the prosecution case when ocular testimony is credible and strong....
Circumstantial evidence, coupled with a lack of alibi or credible explanation from the appellant, sufficiently establishes guilt in a murder conviction under Section 302 IPC.
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