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MANISH CHOUDHURY, KAUSHIK GOSWAMI
JAGAT DAS – Appellant
Versus
STATE OF ASSAM – Respondent
JUDGMENT :
KAUSHIK GOSWAMI, J.
1. Heard Mr. A. Kalita, learned Amicus Curiae for the accused appellant. Also heard Ms. B. Bhuyan, learned Senior Counsel/Addl. Public Prosecutor assisted by Ms. M. Chakraborty for the State respondent.
2. This appeal is presented against the Judgment & Order dated 05.10.2021 passed by the Sessions Judge, Sonitpur, Tezpur in Session Case No. 30/2019, whereby the accused appellant is awarded Rigorous Imprisonment for life and to pay a fine of Rs. 5,000/- (Rupees Five Thousand) for offence under Section 302 IPC and in default of payment of fine, Simple Imprisonment for 3 (three) months.
3. The brief facts of the prosecution is as follows:
4. Thereafter, the investigation was conducted by PW-8 (Dandadhar Kumar, S.I). On 27.11.2018, PW-9 (Sri Lakshya Jyoti Das, Circle Officer) conducted inquest on t
There was no eye witness as to actual assault on body of deceased which lead to her death and as such, it can be said that conviction of appellant is based on circumstantial evidence.
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.
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....
Circumstantial evidence must form a complete and unbroken chain to establish guilt beyond reasonable doubt; mere suspicion is insufficient for conviction.
Circumstantial evidence must form an unbroken chain leading to guilt; the absence of direct evidence does not negate conviction if circumstantial evidence is compelling.
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.
Circumstantial evidence must establish a continuous chain linking the accused to the crime, and mere suspicion is insufficient for conviction.
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