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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Soumitra Saikia, Susmita Phukan Khaund
Amrit Terang Karbi Anglong, Assam – Appellant
Versus
State Of Assam Rep. By PP, Assam – Respondent
JUDGMENT :
Susmita Phukan Khaund, J.
1. This criminal appeal is preferred against the Judgment and Order dated 30.06.2020 passed by the learned Sessions Judge, Karbi Anglong, Diphu in connection with Sessions Case No. 37/2016, convicting Sri Amrit Terang (hereinafter referred to as the appellant or the accused) under Section 302 of the Indian Penal Code, 1860 ( in short ‘IPC’) to undergo imprisonment for life and to pay a fine of Rs.5000/-with default clause.
2 The genesis of the case was that on 26.04.2015 at about 7 pm, a quarrel broke out between Smti Jayanti Ruma Teronpi (hereinafter also referred to as the ‘deceased’ or the victim) and thereafter the appellant attacked the deceased with a wooden bat and committed her murder. The victim’s brother Sri Dipak Ruma ( in short ‘informant’) received this information from a person named Sri Lanki Kro and he immediately went to Diphu on the following day on 27.04.2015 and learnt about the incident which occurred at Panch Kilo, Diphu Lumding Road.
3. The investigating officer (‘I/O’ for short) embarked upon the investigation. He went to the place of occurrence and forwarded the body for autopsy. He recorded the statements of the witnesses.
The court upheld the conviction for murder based on circumstantial evidence, including an extra-judicial confession and the last seen theory, despite the appellant's claims of intoxication.
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.
The conviction must be based on a complete and reliable chain of circumstantial evidence, where extrajudicial confessions cannot solely establish guilt without corroboration.
The prosecution must prove guilt beyond reasonable doubt; reliance on circumstantial evidence requires an unbroken chain linking the accused to the crime.
In murder cases based on circumstantial evidence, each link must be established beyond reasonable doubt, with all evidence consistently pointing to the guilt of the accused.
The court relied on circumstantial evidence, the credibility of witnesses, and the nature of the injuries to establish the guilt of the accused under IPC 302.
Circumstantial evidence must establish a complete chain of guilt beyond reasonable doubt; failure to do so warrants acquittal.
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