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IN THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
KAUSHIK GOSWAMI
Mustt. Tajima Bibi W/o- Md. Khamir Ali – Appellant
Versus
State Of Assam – Respondent
J UDGMENT :
KAUSHIK GOSWAMI, J.
Heard Mr. K. Bhattacharjee, learned Counsel for the petitioner. Also heard Mr. P. S. Lahkar, learned Additional Public Prosecutor for the State respondent.
2. This appeal is preferred against the judgment & order dated 25.07.2011, passed by the learned Additional Sessions Judge (FTC) No.2, Kamrup, Guwahati in Sessions Case No. 137(K)/2008 corresponding to G.R. Case No. 2774/05 of Chief Judicial Magistrates’ Court, Kamrup, Guwahati, whereby the appellant/accused was convicted under Section 304 (Part-II) of Indian Penal Code (hereinafter referred to as “ IPC ”) and sentenced to Rigorous Imprisonment for 3 years and to pay fine of Rs.1,000/-; in default to Simple Imprisonment for one month.
3. The brief case of the prosecution is that on 25.05.2005 at around 5 p.m. when the informant’s wife deceased Dalima Bibi had gone to the house of Tajima Bibi i.e. appellant/accused and confronted her about assaulting her son and daughter, a heated exchange of words had taken place between them and in the process the appellant/accused had allegedly administered a kick on the abdomen of the informant’s wife. It is the specific case of the prosecution that
Culpable homicide not amounting to murder established when the accused acted with knowledge that her actions could result in death, despite lacking intent to kill.
Conviction under Section 304 (Part-II) of IPC cannot stand without proof of culpable homicide, particularly when medical evidence contradicts witness testimonies.
Conviction modified to Section 304 A IPC as prosecution failed to prove that the accused acted with intent or knowledge to cause death; incident deemed accidental.
The court highlighted the necessity of corroborative evidence in witness testimonies, particularly concerning juvenile witnesses.
The court upheld the conviction for culpable homicide not amounting to murder, emphasizing the prosecution's burden to prove charges beyond reasonable doubt while recognizing the lack of intent to ki....
A conviction for murder requires reliable and corroborated evidence, particularly when based on the testimony of a sole eyewitness; contradictions and lack of corroboration can lead to the reversal o....
A single witness's testimony can only sustain a conviction if wholly reliable; the presence of multiple hostile witnesses necessitates rigorous evidence scrutiny and adherence to the principle of par....
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