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SANJAY KUMAR MEDHI, MRIDUL KUMAR KALITA
Mainul Hussain @ Mainulali S/O- Mustafaalam – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
S.K. Medhi, J.
The present appeal has been preferred under Section 374(2) of the Code of Criminal Procedure, 1973 against the judgment and order dated 14.03.2022 passed by the learned District & Session Judge, Morigaon in Session Case No. 148/2015. By the aforesaid judgment, the learned Sessions Judge has sentenced the accused/appellant under Section 302 of IPC and sentencing him to rigorous imprisonment (RI) for life and also to pay a fine of Rs.1,00,000/- in default further simple imprisonment of 3 years and also convict under Section 307 R/W 323 of IPC and convict under Section 201 of IPC the rigorous imprisonment for 3 years and also to pay a fine of Rs. 10,000/- in default further simple imprisonment of 3 months and convict under Section 120 (B) of IPC the rigorous imprisonment for 3 years and also to pay a fine of Rs.10,000/-in default further simple imprisonment of 3 months and convict under Section 379 of IPC the rigorous imprisonment for 2 years and also to pay a fine of Rs.10,000/- in default further simple imprisonment of 3 months.
2. The criminal law was set into motion by lodging of an Ejahar by PW2 on 22.07.2014 wherein, it was alleged that on 20.07.2014, at a
The court ruled that circumstantial evidence must establish an unbroken chain of events to prove guilt beyond reasonable doubt.
Circumstantial evidence must establish a continuous chain linking the accused to the crime, and mere suspicion is insufficient for conviction.
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.
The prosecution must establish a complete chain of evidence beyond reasonable doubt for a conviction, especially in circumstantial cases.
Section 304 Part II IPC relates to punishment but without any intention to cause death.
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