Back
SUMAN SHYAM, MRIDUL KUMAR KALITA
Ganesh Tanti – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
(Suman Shyam, J)
1. This Criminal Appeal is directed against the judgment and order dated 01.12.2017/05.12.2017 passed by the learned Sessions Judge, Diphu, Karbi Anglong in Sessions Case No.61/1988 (old)/242/17 (new) convicting the sole appellant under section 302 of the Indian Penal Code (IPC) for committing the murder of Jiten Saikia and sentencing him to undergo rigorous imprisonment for life and also to pay a fine of Rs.2000/-, in default, to suffer rigorous imprisonment for another six months.
2. The prosecution story, in a nutshell, is that on 10.05.1988, at about 1-45 p.m. the appellant Ganesh Tanti had hacked the deceased Jiten Saikia with a sharp dao on the neck causing his instantaneous death. On 10.05.1988 itself, the brother-in-law of the deceased viz., Sri Manik Borgohain (PW-2) had lodged a written ejahar before the Officer-in-Charge of the Bokajan Police Station, Bokajan informing him about the incident. Based on the aforesaid ejahar, Bokajan P.S. Case No.111/1988 was registered under Section 302 of the IPC. Thereafter, the police took up the case for investigation. During investigation, confessional statement of the accused/appellant was recorded by the Mag
The court upheld the conviction for murder based on eyewitness testimony and a valid confessional statement, affirming the importance of fair trial standards.
The defendant's conviction for murder was overturned due to unreliable eyewitness accounts and the prosecution's failure to examine the investigating officer, raising reasonable doubt.
Oral dying declaration is a weak kind of evidence and is not worthy of consideration when exact words uttered by the deceased is not available.
Murder – Non-examination of Investigating Officer may cause fatal blow to prosecution.
Procedure for recording the statement of the accused person so as to allow him an opportunity to explain the incriminating circumstances, if any, appearing in the evidence brought on record by the pr....
A single witness's testimony can only sustain a conviction if wholly reliable; the presence of multiple hostile witnesses necessitates rigorous evidence scrutiny and adherence to the principle of par....
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
