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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MANISH CHOUDHURY, YARENJUNGLA LONGKUMER
Bijoy Krishna – Appellant
Versus
State of Assam – Respondent
JUDGMENT & ORDER :
Manish Choudhury, J.
1. This criminal appeal from jail under Section 383 , Code of Criminal Procedure, 1973 [‘the Code’ or ‘CrPC’, for short] is directed against a Judgment and Order dated 20.11.2019 passed by the Court of learned Additional Sessions Judge – II [FTC], Tinsukia in Sessions Case no. 103[T]/2012. By the Judgment and Order dated 20.11.2019, the accused-appellant has been convicted for the offence of murder under Section 302 , INDIAN PENAL CODE [IPC] and he has been sentenced to undergo life imprisonment and to pay a fine of Rs. 5,000/-, in default of payment of fine, to undergo rigorous imprisonment for another year. It has been provided that the period of detention already undergone by the accused-appellant shall be set-off against the sentence of imprisonment under Section 428 , CrPC.
2. The prosecution case is that on 09.08.2009, a First Information Report [FIR] was lodged by the informant, Surjya Mohan Tanti [P.W.3] before the Officer In-Charge, Doomdooma Police Station. In the FIR, the informant [P.W.3] had inter alia alleged that at about 10-30 p.m. on 08.08.2009, four accused persons, namely, [i] the accused-appellant, Bijoy Krishna @ Mela [her
The prosecution must establish a complete chain of circumstantial evidence beyond reasonable doubt for a murder conviction, and suspicion alone cannot substitute for proof.
In criminal cases based on circumstantial evidence, all links in the evidence chain must be established beyond reasonable doubt; mere suspicion is insufficient for conviction.
In a murder conviction based on circumstantial evidence, multiple corroborative factors, including the last seen theory and absence of alternative explanations, can establish guilt beyond reasonable ....
The main legal point established in the judgment is the application of the 'last seen together theory' and the reliance on circumstantial evidence, medical evidence, and recovery evidence to establis....
The testimony of a sole eyewitness can sustain a murder conviction if credible, consistent with medical evidence, and unshaken by cross-examination.
The court emphasized that circumstantial evidence must be reliable and corroborated; mere reliance on the last seen theory is insufficient for conviction.
The judgment emphasizes the requirement for complete and conclusive circumstantial evidence to establish guilt beyond reasonable doubt in criminal cases.
Examination of witnesses by Police – Portion of prior statement shown to witness for contradicting the witness must be proved through Investigating Officer – Unless said portion of prior statement us....
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