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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, KAKHETO SEMA
Md Jamaluddin Majumdar @ Budul Mian S/o Haji Saraafat Ali – Appellant
Versus
C.B.I. – Respondent
JUDGMENT :
SK Medhi, J.
All the four appeals arise from a common judgment and order dated 04.08.2016 passed in Sessions Case No. 227(K)/2006 by the learned Addl. Sessions Judge No. 1, Kamrup (M) at Guwahati. Since these appeals were heard together, those are being disposed of by this common judgment and order. The appeals have been preferred under Section 374 of the Cr.PC and by the impugned judgment, the appellants were convicted and sentenced to undergo life imprisonment for under Section 120(B) read with Section 364A of the IPC and also directed to pay a fine of Rs. 5000/-; to undergo life imprisonment under Sections 302 /34 of the IPC, 8 years RI and a fine of Rs.5000/- for conviction under Sections 395 /397 of the IPC, 7 years RI and a fine of Rs.5000/- for conviction under Sections 201 /34 of the IPC and RI for 4 years and a fine of Rs.5000/- for conviction under Sections 365 /34 of the IPC.
2. The allegation involves kidnapping for ransom and causing the death of the one Pratul Chandra Dev.
3. The criminal law was set into motion by lodging of an Ejahar on 18.03.2004 by Anil Ch. Dev (PW2), brother of the deceased alleging inter alia that on the previous day at about 9 a.m., his
In criminal law, accomplice testimonies must be corroborated by independent evidence for conviction; mere witness hostility does not invalidate supportive testimony.
A conviction based on circumstantial evidence requires a complete chain of evidence that excludes every reasonable hypothesis except guilt; suspicion alone is insufficient for conviction.
Confessions made voluntarily and without pressure under Section 164 of Cr.P.C. are admissible as evidence.
The conviction of the appellants for murder and conspiracy was upheld based on circumstantial evidence, establishing a common intention to kill for financial gain through witchcraft.
Provisions of Section 106 of Evidence Act itself are unambiguous and categoric in laying down that when any fact is especially within knowledge of a person, burden of proving that fact is upon him.
Circumstantial evidence can establish guilt if it forms a complete chain pointing to the accused, even without direct evidence.
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