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MITALI THAKURIA, KARDAK ETE
Tade Nalo, S/o Lt. Tapor Nalo – Appellant
Versus
State of AP, Through the Public Prosecutor – Respondent
JUDGMENT :
M. Thakuria, J.
Heard Mr. J. Jini, learned Legal Aid Counsel for the appellant. Also heard Ms. T. Jini, learned Additional Public Prosecutor for the State respondent.
2. This jail appeal, under Section 374(2) of the Code of Criminal Procedure, 1973, is preferred against the judgment & order dated 06.04.2022, passed by the learned Additional Sessions Judge, West Sessions Division, Basar, Leparada District, Arunachal Pradesh, under Section 302//201 of the Indian Penal Code, whereby the accused/appellant has been sentenced to undergo imprisonment for life with a fine of Rs. 2,000/- (Rupees two thousand) only and in default, to undergo further imprisonment for 1 (one) year for the offence under Section 302 IPC and further sentenced to undergo imprisonment of 2 (two) years with a fine of Rs. 1,000/- (Rupees one thousand) only and in default, to undergo further imprisonment for 3 (three) months for the offence under Section 201 IPC.
3. The prosecution case, if brief, is that on 23.07.2019, one Inspector A. K. Tanti lodged an F.I.R. before the Officer-In-Charge, Dumporijo Police Station, to the effect that on the same day, a telephonic information was received from one Shri Payir @
Circumstantial evidence must form a complete chain pointing to the accused's guilt, with no reasonable doubt of innocence for a conviction.
The prosecution must conclusively establish guilt through circumstantial evidence, including motive and cause of death, in cases based on circumstantial evidence.
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....
The sufficiency of circumstantial evidence to establish guilt beyond reasonable doubt.
It is well settled that in a case of circumstantial evidence, circumstances should be such so as to lead to only one irresistible conclusion, which is incompatible with innocence of accused.
The court emphasized that a dying declaration must be corroborated and that the prosecution bears the burden of proving guilt beyond a reasonable doubt, especially in circumstantial cases.
The judgment establishes the principles of circumstantial evidence, the last seen theory, and the burden of proof under Section 106 of the Indian Evidence Act in establishing guilt in criminal cases.
The main legal point established in the judgment is the application of circumstantial evidence in criminal cases and the need for a complete chain of evidence to establish guilt beyond reasonable dou....
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.
In criminal cases based on circumstantial evidence, it is imperative that the prosecution establishes a clear chain of circumstances that unambiguously points to the guilt of the accused, without alt....
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