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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, MARLI VANKUNG
Labanya Das, S/o. Sri Haricharan Das – Appellant
Versus
State Of Assam, Represented By Its Chief Secy. – Respondent
The circumstances of the case involve the informant (PW1), brother of the deceased Pankaj Das, alleging that on the evening of 08.03.2002, while he was absent from home, three accused persons forcibly took the deceased from their house along with other youths to Swahid Smriti Sangha, where they threatened him. (!) Fearing further trouble, the informant took the deceased to their elder brother's house in Guwahati early on 09.03.2002. (!) However, the accused allegedly retrieved the deceased from Guwahati, assaulted him around 11:00 pm on 09.03.2002, forced him to consume Daimcron poison, and left him in a critical condition at the Sangha's verandah. (!) Neighbors heard the deceased's screams, rushed to the scene, observed the accused fleeing toward Kandarpa Das's house, and arranged for the deceased's admission to Baruah Nursing Home in Nalbari before referral to a Guwahati hospital, where he died. (!) The informant lodged an ejahar at 2:30 pm on 10.03.2002, leading to registration of Ghagrapar PS Case No.18/2002 under Sections 325/307/306/34 IPC. (!) (!) Witnesses (PWs 1-4) claimed hearing screams around 11:00-11:30 pm, recognizing the deceased's voice, observing the assault and/or a liquid (allegedly Daimcron) poured on his face/eyes, finding a bottle and handkerchief at the scene, and noting a white/frothy substance or injuries, though cross-examination revealed inconsistencies, no visible injuries by some, and disputes over seizure of items. (!) (!) (!) (!) (!) Scientific examination of viscera showed negative for common poison, post-mortem indicated natural death with no injuries noted in inquest or autopsy, and prosecution evidence included contradictions under Section 161 Cr.PC statements. (!) (!) (!) (!) (!) (!) (!) A related house-burning case implicated several prosecution witnesses as accused/convicts. (!) (!) (!) (!) (!) (!)
Judgment :
(S.K. Medhi, J.)
The instant appeal has been preferred by the informant against the judgment and order dated 22.02.2017 passed by the learned Sessions Judge, Nalbari in Sessions Case No. 14/2004 under Section 3 02 /34 of the INDIAN PENAL CODE , 1860 [Corresponding to Section 103 /3(5) of the BNS , 2023]. By the impugned judgment and order dated 22.02.2017, the respondents herein who were the accused persons have been acquitted.
2. The criminal law was set into motion by lodging of an Ejahar on 10.03.2002 at about 2.30 pm by the appellant who was examined as PW1. It was alleged that in the evening of 08.03.2002, when he was not present at home, three of the accused persons had forcibly taken his youngest brother, Pankaj Das (deceased) from their house along with some other youths and threatened him inside the Swahid Smriti Sangha (hereinafter Sangha). On the happening of such incident, the informant had taken the deceased to the house of his elder brother at Guwahati and left him there in the morning hours of 09.03.2002. However, the accused persons, named in the Ejahar, had again brought the deceased from Guwahati and assaulted on him at 11.00 pm and made him consume Daim
Dying declarations must be corroborated by credible evidence; in absence of reliable proof, an acquittal is warranted due to the presumption of innocence.
The burden of proof lies with the prosecution to prove guilt beyond reasonable doubt, and a dying declaration requires corroborative evidence to be deemed reliable.
The appellate court emphasizes that reversal of acquittal requires compelling evidence of error in the trial court's judgment has been proved beyond reasonable doubt.
The prosecution must prove guilt beyond reasonable doubt, and inconsistencies in dying declarations can lead to acquittal.
The appellate court upheld the trial Court's acquittal, emphasizing the presumption of innocence and the necessity for credible evidence, particularly regarding dying declarations.
The prosecution must prove guilt beyond reasonable doubt, and acquittals should not be interfered with unless found to be perverse or unsupported by evidence.
(1) Murder – Where judgment of acquittal is found to be manifestly erroneous, perverse, or founded on a misreading of evidence or incorrect application of law, Supreme Court would be justified to set....
(1) Dying declaration – For a statement to be termed dying declaration, circumstances discussed/disclosed therein must have some proximate relation to actual occurrence – If a dying declaration inspi....
An inference can never be basis of conviction when testimony of a witness is not believed on cogent reasoning.
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