KALYAN RAI SURANA, MRIDUL KUMAR KALITA
Dipak Gogoi S/o Rudreswar Gogoi – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
KALYAN RAI SURANA, J.
1. Heard Mr. M. Biswas, learned counsel for the appellant in Criminal Appeal No. 184/2018 and Mr. A. Ahmed, learned counsel for the appellant in Criminal Appeal No. 252/2018. Also heard Ms. S.H. Bora, learned Addl. P.P. for the State. There is no representation from the respondent no. 2.
2. By filing these two separate appeals under section 374(2) Cr.P.C. the two appellants herein have assailed the judgment dated 25.04.2018, passed by the learned Sessions Judge, Dhemaji in Sessions Case No. 165 (DH)/2012, and sentence vide order dated 02.05.2018, thereby the appellants were convicted of committing offence punishable under section 302/34 and section 376(2)(g) IPC, and both were sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 5,000/- (Rupees Five thousand only) each in default to undergo rigorous imprisonment for another 6 (six) months each under section 302 IPC. The appellants were also convicted for committing offence punishable under section 376(2)(g) IPC and both were sentenced to undergo rigorous imprisonment for 10 (ten) years and to pay fine of Rs. 2,000/- each, in default to undergo rigorous imprisonment for 2 (two) mon
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The prosecution must establish a complete chain of circumstances beyond reasonable doubt to justify a conviction.
Circumstantial evidence alone, especially the last seen theory without corroboration, is insufficient for conviction; guilt must be established beyond reasonable doubt.
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Point of Law : Contradictory statements regarding extra judicial confession made by the accused/appellant, we are of the view that such type of extra judicial confession has no such value in the eye ....
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