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MRIDUL KUMAR KALITA, SANJAY KUMAR MEDHI
Md. Anam Uddin S/o. Lt. Mosai Mia – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
(SK Medhi, J)
The instant appeal has been preferred from jail against a judgment and order dated 04.07.2022 passed by the learned Sessions Judge, Karimganj in Sessions Case No. 09/2005 whereby the appellant has been sentenced to life imprisonment and to pay a fine of Rs. 30,000/-, in default, rigorous imprisonment for a period of 1 year under Section 302 IPC. It was further directed that the period of detention undergone by him shall be set off from the period of sentence awarded to him. The appeal involves the death of the wife of the appellant.
2. The criminal law was set into motion by lodging of an Ejahar on 08.11.2004 by the PW7, who is the maternal uncle of the deceased. It was stated that he was informed on 05.11.2004 at about 12/12.30 am that his niece had expired. Thereafter, he had gone to the place of occurrence along with some other persons of the village and found the body hanging by a saree from an iron rod of a post in the roofless room. It was also stated that both her legs were touching the ground and the front side of her body was leaning forward. It was also stated that he learnt from PW5 and PW6 that the appellant, who is the husband of the deceased, had
The conviction under Section 302 IPC was upheld based on circumstantial evidence, establishing guilt beyond reasonable doubt.
Circumstantial evidence must establish a continuous chain linking the accused to the crime, and mere suspicion is insufficient for conviction.
Circumstantial evidence must form an unbroken chain leading to guilt; the absence of direct evidence does not negate conviction if circumstantial evidence is compelling.
(1) Section 106 of Evidence Act does not directly operate against either a husband or wife staying under same roof and being last person seen with deceased.(2) In a case of circumstantial evidence, m....
In the absence of any corroborating evidence, it would be highly unsafe to the award conviction for committing murder solely on the basis of medical evidence.
Circumstantial evidence must form a complete and unbroken chain to establish guilt beyond reasonable doubt; mere suspicion is insufficient for conviction.
Advocates appeared :For the Appellant : R. P. Gupta For the Respondent : C. P. Singh
The main legal point established is the requirement to fully establish circumstances in cases based on circumstantial evidence, the need for corroborating medical reports with other evidence, and the....
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