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MANISH CHOUDHURY, KAUSHIK GOSWAMI
BHAITI SUREN – Appellant
Versus
STATE OF ASSAM – Respondent
JUDGMENT :
MANISH CHOUDHURY, J.
1. This criminal appeal from jail under Section 383, Code of Criminal Procedure, 1973, [‘the Code’ and/or ‘the CrPC’, for short] is directed against a Judgment and Order dated 21.12.2021 passed by the Court of learned Sessions Judge, Karbi Anglong, Diphu [‘the trial court’ for short] in New Sessions Case no. 18 of 2018 [Old Sessions Case no. 40 of 2014], which arose out of Bokajan Police Station Case no. 131/2013 and corresponding G.R. Case no. 729/2013. In the trial, the accused-appellant faced a charge of patricide and after the trial, the learned Sessions Judge, Karbi Anglong finding him guilty for committing the murder of his father, Sukhu Sureng under Section 300, Indian Penal Code [IPC], had sentenced the accused-appellant under Section 302, IPC to undergo imprisonment for life and to pay a fine of Rs. 5,000/-, in default of payment of fine, to undergo rigorous imprisonment for another 1 [one] year.
2. We have heard Mr. A. Ahmed, learned Amicus Curiae for the accused-appellant and Ms. B. Bhuyan, learned Senior Counsel & Additional Public Prosecutor assisted by Ms. M. Chakraborty, learned counsel for the respondent State.
3. Mr. Ahmed, learned Amicu
The Court reiterated that suspicion alone cannot replace proof, and the prosecution must establish guilt beyond reasonable doubt in circumstantial cases.
In criminal cases based on circumstantial evidence, all links in the evidence chain must be established beyond reasonable doubt; mere suspicion is insufficient for conviction.
The sufficiency of circumstantial evidence to establish guilt beyond reasonable doubt, the burden of proof in criminal trials, and the evaluation of incriminating facts and circumstances.
Circumstantial evidence must establish a continuous chain linking the accused to the crime, and mere suspicion is insufficient for conviction.
The prosecution must establish a complete chain of evidence, including motive, in cases based on circumstantial evidence, and the evidence must be cogent, trustworthy, and exclude every possible hypo....
The sufficiency of circumstantial evidence, the duty of the prosecution to establish guilt beyond all reasonable doubt, and the consideration of the appellant's mental condition in criminal cases.
(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....
(1) Section 106 of Evidence Act does not directly operate against either a husband or wife staying under same roof and being last person seen with deceased.(2) In a case of circumstantial evidence, m....
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