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SANJAY KUMAR MEDHI, MARLI VANKUNG
Zosangliana Sawleng Hmuntha, Darlawn, Mizoram – Appellant
Versus
State of Mizoram Aizawl – Respondent
JUDGMENT :
(S.K. Medhi, J.)
The instant appeal has been preferred from jail against a judgment and order dated 28.08.2018 by the learned Additional District and Sessions Judge, Aizawl Judicial District in Crl. Tr. No. 426/2017 (arising out of Darlawn PS Case No. 24/2016). By the impugned judgment, the appellant has been convicted with R.I. for life and a fine of Rs.3,000/- (Rupees Three Thousand) u/s 302 of IPC, in default, R.I. for another 3(three) months.
2. The case involves the death of one Zobela (Kanchha) which has been alleged to be caused by the appellant, who is his son.
3. The criminal law was set into motion by lodging of an FIR on 02.11.2016 by the PW.1, who is the grandfather of the appellant and father of the deceased. It has been stated that on the night of 01.11.2016, between 10:00 to 11:00 PM, the appellant had beaten / tortured the deceased to death. It was further stated that the appellant was an extremely bad person and tends to create problem in the family as well as in the society. Based on the aforesaid information, the case was registered and investigation was made leading to filing of the Charge Sheet. The charges were accordingly framed against the appellant
The court established that circumstantial evidence, when unbroken and corroborated by confession, can lead to a conviction for murder, emphasizing the burden of proof on the accused.
Murder conviction upheld on circumstantial evidence via complete chain: homicidal death, last seen together, false explanation, body concealment, corroborated confessions, medical proof of fatal inju....
The conviction for murder under Section 302 IPC was upheld based on circumstantial evidence demonstrating a complete and unbroken chain leading to the appellant's guilt.
The court held that acts committed under grave and sudden provocation may reduce the charge from murder to culpable homicide, emphasizing the absence of malicious intent.
The court established that provocation must be grave and sudden to negate intent for murder, which was not satisfied in this case.
Conviction based on circumstantial evidence requires a complete chain of evidence excluding all reasonable hypotheses of innocence; extrajudicial confessions need corroboration to be reliable.
A conviction based on circumstantial evidence requires substantial corroboration, particularly with confessions, where voluntariness and trustworthiness must be proven to avoid wrongful convictions.
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