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SANJAY KUMAR MEDHI, MITALI THAKURIA
Swapan Deb, S/o. Late Sarjya Kumar Deb – Appellant
Versus
State of Assam, Rep. by the Public Prosecutor, Assam – Respondent
JUDGMENT :
S.K. Medhi, J.
The instant appeal has been preferred under Section 374 (2) of the Code of Criminal Procedure, 1973. By the impugned judgment and order dated 12.09.2019, the learned Sessions Judge, Karbi Anglong, Diphu in Sessions Case No. 31/2005 (GR Case No. 238/2002) arising out of the Bokajan Police Station Case No. 89/2002 has convicted the accused / appellant under Section 302 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for life and to pay a fine of Rs.2,000/, and in default of payment thereof to suffer further simple imprisonment of 6(six) months. The appellant has been in jail since 12.09.2019 till date.
2. We have heard Shri M. Islam, learned counsel for the appellant. We have also heard Ms. A. Begum, learned Additional Public Prosecutor, Assam.
3. An FIR was lodged on 21.07.2002 by one Krishna Choudhury (PW1) on the death of his elder brother, Gopal Choudhury. It was narrated that on the previous night at about 9.30 PM, his brother, while coming home by riding a bicycle after purchasing ration was killed by the appellant in front of the factory of the Lahorijan Tea Estate near the railway track and when he was trying to bury the decea
The prosecution must establish a complete chain of evidence beyond reasonable doubt for a conviction, especially in circumstantial cases.
The judgment established the principle that the evidence of a single eyewitness must be reliable and corroborated by independent evidence from the attending circumstances of the case. The court empha....
Circumstantial evidence must establish a continuous chain linking the accused to the crime, and mere suspicion is insufficient for conviction.
The court ruled that circumstantial evidence must establish an unbroken chain of events to prove guilt beyond reasonable doubt.
It is trite that custody of an accused for initial period of fifteen days can either be judicial custody or police custody and during this period, competent Magistrate is empowered to convert judicia....
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.
Circumstantial evidence must form a complete and unbroken chain to establish guilt beyond reasonable doubt; mere suspicion is insufficient for conviction.
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