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MANISH CHOUDHURY, KAUSHIK GOSWAMI
NILKANTA NATH S/O LATE HANSA RAM NATH – Appellant
Versus
STATE OF ASSAM – Respondent
| Table of Content |
|---|
| 1. details of the criminal case and initial investigation. (Para 1 , 2 , 3 , 4) |
| 2. trial proceedings and witness examinations. (Para 7 , 8) |
| 3. arguments by both parties regarding the conviction. (Para 9 , 10 , 11) |
| 4. court's assessment of witness credibility and evidence. (Para 12 , 20 , 21) |
| 5. medical evidence supporting the nature of injuries and death. (Para 22 , 23 , 25 , 26) |
| 6. legal principles defining culpable homicide and murder. (Para 24 , 27 , 28 , 29) |
| 7. analysis of intent and circumstances surrounding the incident. (Para 30 , 31 , 32) |
| 8. court's judgment and sentencing. (Para 36 , 37 , 39 , 40) |
JUDGMENT :
MANISH CHOUDHURY, J.
1. The present criminal appeal from Jail is preferred under Section 383 , Code of Criminal Procedure [CrPC], 1973 against a Judgment and Order dated 02.08.2021 passed by the Court of learned Sessions Judge, Nalbari [‘the trial court’, for short] in Sessions Case no. 61 of 2015, which arose out of Belsor Police Station Case No. 81 of 2012 and corresponding G.R. Case no. 927 of 2012. After the trial, the learned trial court finding the accused-appellant guilty of the offence of murder under Section 300 , INDIAN PENAL CODE [IPC], has sentenced h
The court determined that the accused's actions constituted culpable homicide not amounting to murder due to the absence of premeditation and the nature of the altercation, altering the conviction fr....
The court ruled that solitary eyewitness testimony can suffice for conviction in murder cases, especially when corroborated by medical evidence. The culpable act did not fall under provocation except....
The court ruled that the offence committed was culpable homicide not amounting to murder due to mutual provocation and a sudden fight, thus altering the conviction.
Culpable homicide may be reduced to lesser charges under Exception 4 of Section 300 IPC when death occurs due to injuries inflicted during a sudden fight without premeditation.
The distinction between murder and culpable homicide hinges on intention and circumstances, with the court applying Exception-4 of Section 300 IPC in cases of sudden quarrel.
The court affirmed the conviction for murder under Section 302 IPC, highlighting that the accused acted with sufficient intent, despite claims of provocation, based on consistent eyewitness testimoni....
If intention of accused was limited to infliction of a bodily injury sufficient to cause death in ordinary course of nature and did not extend to intention of causing death, offence would be murder.
(1) Ordinarily, a witness cannot be expected to recall accurately sequence of events which take place in rapid succession or in a short time span – Presence of an injured eye-witness at the time and ....
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