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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, MRIDUL KUMAR KALITA
Ratna Bahadur Chetri – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
S.K. Medhi , J.
The present appeal has been preferred from jail against the judgment and order of conviction dated 31.07.2019 passed by the learned Additional Sessions Judge, Tinsukia in Sessions Case No. 54 (CH) 2018 under Section 302 Indian Penal Code, thereby sentencing the appellant to undergo RI for life and fine of Rs.10,000/. (Rupees Ten Thousand) with default sentence and to suffer further RI for one year.
2. The criminal law was set into motion by lodging of an ejahar on 19.03.2018 by one Sukraj Rai (PW1). It has been stated in the FIR that his father Arjun Rai was killed by the appellant by assaulting him with a bamboo lathi. Based on the aforesaid ejahar, the formal FIR was registered and investigation was done leading to laying of a Charge Sheet. The charges were accordingly framed by the learned Court and on its denial, the trial had begun in which the prosecution had examined 7 nos. of witnesses. The informant was examined as PW1, who had proved the FIR as Exhibit 1 and also the bamboo stick as material Exhibit 1. In his cross- examination, however, PW1 has clarified that he was not an eyewitness to the incident.
3. PW2 is a pers
Circumstantial evidence must form a complete chain without breaks, and extrajudicial confessions require corroboration; benefit of doubt is given to the accused when evidence is insufficient.
Conviction based on circumstantial evidence requires a complete chain of evidence excluding all reasonable hypotheses of innocence; extrajudicial confessions need corroboration to be reliable.
There is no doubt that convictions can be based on extra-judicial confession but it is well settled that in very nature of things, it is a weak piece of evidence.
The convicting based solely on circumstantial evidence and extra-judicial confessions requires corroborative proof and must adhere to well-established principles regarding such evidence.
Extrajudicial confessions require corroboration and cannot solely establish guilt without reliable evidence.
(1) Extra-judicial confession – Extra-judicial confession is a weak piece of evidence – If extra-judicial confession suffers from material discrepancies or inherent improbabilities and does not appea....
The conviction based on circumstantial evidence requires an unbroken chain of events leading to the sole conclusion of guilt, with no room for reasonable doubt.
Extra-judicial confessions are weak evidence requiring corroboration and should be credible; reliance on insufficient evidence led to the appellant's acquittal.
Circumstantial evidence must form a complete chain pointing to guilt, and extrajudicial confessions require corroboration to be credible.
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