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MANISH CHOUDHURY, ROBIN PHUKAN
Arun Tanti, S/o. Late Bidya Tanti – Appellant
Versus
State of Assam, Represented by P. P. , Assam – Respondent
JUDGMENT :
(R. Phukan, J.) :
Heard Mr. B. Prasad, learned Amicus Curiae for the accused/appellant and Ms. B. Bhuyan, learned Senior Counsel & Additional Public Prosecutor, assisted by Ms. R. Das, learned Counsel for the respondent, State of Assam.
2. This appeal is preferred by the accused/appellant, namely, Shri Arun Tanti, from the District Jail, North Lakhimpur, challenging the correctness or otherwise of the judgment, dated 12.03.2020, and order of sentence, dated 16.03.2020, passed by the learned Sessions Judge, Lakhimpur, North Lakhimpur in Sessions Case No. 62(NL)/2017.
3. It is to be noted here that vide impugned judgment dated 12.03.2020, the learned Sessions Judge, Lakhimpur, North Lakhimpur had convicted the appellant under Section 302 IPC and vide impugned order dated 16.03.2020, sentenced him to suffer imprisonment for life and to pay a fine of Rs. 1,000/-, and in default of payment of fine, to suffer rigorous imprisonment for another two months.
4. The background facts, leading to filing of the present appeal, are briefly stated as under:-
In cases of murder where the crime occurs within the confines of a home, the accused bears the burden of explaining the circumstances of the crime, particularly when the prosecution establishes a str....
In cases of circumstantial evidence, the accused has a burden to explain circumstances within their knowledge, especially when the crime occurs in a private setting, and failure to do so can lead to ....
(1) Murder – If in a case based on circumstantial evidence, accused evades response to an incriminating question or offers a response which is not true, such a response, in itself, would become an ad....
The significance of motive in cases of circumstantial evidence, the burden of proof on the accused in cases of murder committed in secrecy inside a house, and the application of Section 106 of the Ev....
The court upheld the conviction under IPC Section 302, emphasizing that circumstantial evidence must form a complete chain, proving guilt beyond reasonable doubt without the accused providing an adeq....
Criminal Law – Offence of Murder - Burden of proving fact especially within knowledge - Prosecution has succeeded in establishing other circumstances in chain raising a strong presumption of guilt ag....
Circumstantial evidence in domestic murder cases places the burden of explanation on the accused; failure to do so can lead to conviction.
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