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MANISH CHOUDHURY, ROBIN PHUKAN
Pandey Munda – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
Manish Choudhury, J.
1. This criminal appeal from Jail is directed against a Judgment and Order dated 14.08.2019 passed by the Court of learned Additional Sessions Judge no. 2 [FTC], Tinsukia in Sessions Case no. 101[T] of 2018. By the Judgment and Order dated 14.08.2019, the accused-appellant has been convicted for the offence of murder under Section 302, Indian Penal Code [IPC] and he has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/-, in default of payment of fine, to undergo rigorous imprisonment for another 1 [one] year. It has been ordered that the period of detention already undergone by the accused-appellant shall be set-off against the sentence of imprisonment under Section 428, Code of Criminal Procedure, 1973 ['CrPC' or 'the Code', for short].
2. We have heard Ms. M. Barman, learned Amicus Curiae for the accused- appellant and Ms. B. Bhuyan, learned Senior Counsel & Additional Public Prosecutor for the respondent, State of Assam.
3. Ms. Barman, learned Amicus Curiae appearing for the accused-appellant has submitted that there was no eye-witness to the incident of alleged murder and the case was based on circumstantial evidence. It
In criminal cases based on circumstantial evidence, all links in the evidence chain must be established beyond reasonable doubt; mere suspicion is insufficient for conviction.
The court upheld the conviction under IPC Section 302, emphasizing that circumstantial evidence must form a complete chain, proving guilt beyond reasonable doubt without the accused providing an adeq....
The prosecution must establish a complete chain of circumstantial evidence beyond reasonable doubt for a murder conviction, and suspicion alone cannot substitute for proof.
In a murder conviction based on circumstantial evidence, multiple corroborative factors, including the last seen theory and absence of alternative explanations, can establish guilt beyond reasonable ....
The main legal point established in the judgment is the application of the 'last seen together theory' and the reliance on circumstantial evidence, medical evidence, and recovery evidence to establis....
(1) Murder – If in a case based on circumstantial evidence, accused evades response to an incriminating question or offers a response which is not true, such a response, in itself, would become an ad....
The principle that an accused cannot be convicted based on suspicion alone, and the prosecution must prove guilt beyond reasonable doubt, especially in cases relying on circumstantial evidence.
Point of law:Acquital upheld - If the trial court takes a view that the accused deserves to be acquitted on the basis of evidence on record, such verdict cannot be reversed unless there is gross perv....
The absence of corroborative evidence from reliable witnesses and the failure of the prosecution to establish a motive led to the overturning of the conviction based on circumstantial evidence.
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