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SUMAN SHYAM, ARUN DEV CHOUDHURY
Md. Saiful Islam, S/o. Md. Mohammad Ali – Appellant
Versus
State Of Assam, Rep. BY PP. – Respondent
JUDGMENT :
(Suman Shyam, J.)
Heard Mr. K.K. Mahanta, learned Sr. counsel assisted by Ms. N. Begum, learned counsel appearing for the appellant in Crl. Appeal No. 164-2019 and Ms. B. Sarma, learned Amicus Curiae appearing for the appellant in Crl. Appeal (J) No. 38/2019. Also heard Ms. S. Jahan, learned Addl. P.P. Assam appearing for the State in both the appeals.
2. These two appeals are directed against the judgment and order dated 13-12-2018 passed by the learned Addl. Sessions Judge No. 1, Nagaon in connection with Sessions Case No. 77(N)/2017 whereby, both the appellants/ accused persons were convicted under Section 302/34 IPC for committing murder of Anowar Hussain and each of them were sentenced to undergo rigorous imprisonment for life and pay fine of Rs. 1000/- each, in default, to undergo rigorous imprisonment for further one month. Since both the appeals arise out of a common judgment and order passed by the learned trial court, hence, we propose to dispose of the appeals by this common order.
3. The prosecution case, as unfolded from the materials on record, briefly stated, is that on 27-06-2017, Anowar Hussain, the 14 years old minor son of the informant Iliyas Ali, was f
The judgment establishes that circumstantial evidence, including the last seen together principle and admissibility of disclosure statements, can be sufficient for a murder conviction, provided there....
The burden of proof lies with the prosecution to establish guilt beyond reasonable doubt, requiring all circumstantial evidence to exclude reasonable hypotheses of innocence.
In cases based on circumstantial evidence, prosecution must prove a complete chain of circumstances. Disclosure statements made to police are inadmissible under the Evidence Act, except for portions ....
Circumstantial evidence can establish guilt if it forms a complete chain pointing to the accused, even without direct evidence.
Provisions of Section 106 of Evidence Act itself are unambiguous and categoric in laying down that when any fact is especially within knowledge of a person, burden of proving that fact is upon him.
It is a settled legal proposition that conviction of a person accused of committing an offence, is generally based solely on evidence that is either oral or documentary, but in exceptional circumstan....
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