Back
MANISH CHOUDHURY, ROBIN PHUKAN
Hiranya Kandha @ Hiren Kandha – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. overview of the case and basic facts. (Para 1 , 2 , 3) |
| 2. details of the fir and investigation. (Para 4 , 5 , 6) |
| 3. arguments regarding the confessional statement. (Para 13 , 14) |
| 4. court's reasoning on admissibility and circumstantial evidence. (Para 16 , 29) |
| 5. conclusion and judgment outcome. (Para 30) |
JUDGMENT :
M. Choudhury, J.
This criminal appeal from Jail under Section 383 , Code of Criminal Procedure, 1973 [‘the Code’ or ‘CrPC’, for short] is directed against a Judgment and Order dated 11.01.2021 passed by the learned Sessions Judge, Udalguri in Sessions Case no. 83 of 2018. By the Judgment and Order dated 11.01.2021, the accused-appellant on being found guilty of the offence of matricide under Section 300 of the INDIAN PENAL CODE [IPC], has been sentenced under Section 302 , IPC to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000/-, in default of payment of fine, to undergo simple imprisonment for further three months. It has been ordered that the period of detention, if any, already undergone by the accused-appellant during the course of investigation, inquiry or trial shall be set-off against the term of imprisonment in terms of Section
It is well settled that in case based on circumstantial evidence, circumstances from which an inference of guilt sought to be drawn must be cogently and firmly established, and that those circumstanc....
The confession recorded without statutory compliance is inadmissible, undermining the prosecution's circumstantial evidence in a murder appeal, reinforcing the principle of presumption of innocence.
A confession must be truly voluntary and free from police influence for admissibility in court; the prosecution is required to establish a clear circumstantial link to the accused, failing which reas....
Point of Law : Provision of Section 313 Cr.P.C. are to bring substance of accusation to accused so that he can explain every circumstance appearing against him during course of evidence and it is man....
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.
For a conviction based on circumstantial evidence, the prosecution must establish a clear chain of evidence that excludes reasonable doubt regarding the accused's guilt.
A conviction based on circumstantial evidence requires a complete chain of evidence that excludes every reasonable hypothesis except guilt; suspicion alone is insufficient for conviction.
Point of Law : Even sub-clause (4) of Section 164 Cr.P.C. clearly indicates that such confession must be recorded in the manner provided under Section 281 Cr.P.C.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
