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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Sanjay Kumar Medhi, Mitali Thakuria
Biren Ch. Das S/o. Lt. Pabin Das – Appellant
Versus
State Of Assam – Respondent
JUDGMENT & ORDER :
M. Thakuria, J.
Heard Mr. N. J. Das, learned Amicus Curiae for the appellant and also heard Ms. A. Begum, learned Additional Public Prosecutor for the State of Assam.
2. The present appeal has been preferred from jail against the Judgment and Order dated 19.02.2021, passed by the learned Sessions Judge, Baksa, Mushalpur, in Sessions Case No. 337/2018 under Section 302 of the IPC, whereby the present accused/appellant has been convicted under Section 302 of the IPC and sentenced to rigorous imprisonment for life, along with a fine of Rs. 1,000/-, and, in default, to undergo R.I for another 3 (three) months.
3. The brief facts of this case is that the informant who stays in Guwahati came to know that the accused/appellant [Biren Das] who is his own brother had physically assaulted his mother on 06.06.2018 and coming to know about the same, he came to his own house and saw that his mother sustained grievous injuries on both knees, eyes and forehead and further on 10.06.2018 at about 06.00.PM, the accused again hit his mother on her head with a piece of wood as a result of which she sustained grievous injury on her head, fell down and died instantly.
4. Based on the afore
Circumstantial evidence must be established beyond reasonable doubt; absence of eyewitnesses and contradictions in testimonies led to a modification of conviction from murder to culpable homicide not....
The distinction between culpable homicide and murder lies in the nature and intent of the assault; insufficient evidence can lead to conviction modification.
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.
Murder conviction upheld on circumstantial evidence via complete chain: homicidal death, last seen together, false explanation, body concealment, corroborated confessions, medical proof of fatal inju....
The conviction for murder under Section 302 IPC was upheld based on circumstantial evidence demonstrating a complete and unbroken chain leading to the appellant's guilt.
In order to sustain conviction must be complete and incapable of explanation of any other hypothesis than that of the guilt of the accused and such evidence should not only be consistent with the gui....
For a conviction based on circumstantial evidence, the prosecution must establish a clear chain of evidence that excludes reasonable doubt regarding the accused's guilt.
The testimony of eyewitnesses, especially injured witnesses, and the nature of injuries carry great weight in establishing guilt in criminal cases.
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