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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MANISH CHOUDHURY, YARENJUNGLA LONGKUMER
Nitai Bhumij Sibsagar, Assam – Appellant
Versus
State Of Assam Rep. By PP, Assam. – Respondent
JUDGMENT & ORDER :
Manish Choudhury, J.
Assail is made in this criminal appeal from Jail under Section 383 , Code of Criminal Procedure, 1973 [‘the Code’ or ‘CrPC’] to a Judgment & Order dated 02.05.2018 passed by the learned Sessions Judge, Sivasagar in Sessions Case no. 279 [S-C] of 2015, which arose out of G.R. Case no. 702 of 2015 and Sonari Police Station Case no. 176 of 2015. By the Judgment & Order dated 02.05.2018, the accused-appellant has been convicted for the offence under Section 302 , INDIAN PENAL CODE [IPC] and he has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 1,000/-, in default of payment of fine, to undergo simple imprisonment for another month.
2. The First Information Report [FIR] was lodged before the In-Charge, Suffry Police Out Post on 20.09.2015 by one Kalidas Bhumij [the informant-P.W.6] stating inter-alia that at about 03-30 p.m. on 20.09.2015, when his younger brother, Bokul Bhumij had gone to bring back the cattle from the paddy field in front of his house, his neighbour, Nitai Bhumij [the accused-appellant] killed him brutally by hacking with a Naga Dao in the neck as well as in different parts on the person of Boku
The testimony of a sole eyewitness can sustain a murder conviction if credible, consistent with medical evidence, and unshaken by cross-examination.
The prosecution failed to prove the charges of murder and unlawful assembly beyond reasonable doubt due to unreliable witness testimonies and lack of corroborative evidence.
The prosecution must establish a complete chain of circumstantial evidence beyond reasonable doubt for a murder conviction, and suspicion alone cannot substitute for proof.
The court established that credible eyewitness testimony, corroborated by medical evidence, can suffice to prove guilt in a murder case, even in the absence of a clear motive.
The court established that the presence of credible eyewitnesses and corroborating medical evidence can sustain a conviction for murder, even in the absence of the murder weapon, and that minor discr....
The sufficiency of circumstantial evidence to establish guilt beyond reasonable doubt, caution against relying solely on the testimony of a hostile witness, and the absence of conclusive evidence poi....
A conviction cannot be based solely on the testimony of one witness unless that testimony is wholly reliable and corroborated by other evidence.
Point of law: Offence of Murder – Chain of circumstances proved – Common intention – Conviction justified.
The importance of credible eyewitness testimony, reliable and clinching evidence, and the exclusion of every possible hypothesis except guilt in establishing guilt beyond reasonable doubt.
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