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IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MANISH CHOUDHURY, MARLI VANKUNG
Fulekar Minj – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
Manish Choudhury, J.
This criminal appeal from Jail under Section 383 , Code of Criminal Procedure, 1973 [‘CrPC’ or ‘the Code’, for short] is directed against a Judgment and Order dated 09.09.2019 passed by the Court of learned Additional Sessions Judge, Udalguri in Sessions Case no. 144/2018, which arose out of G.R. Case no. 674/2018 and Harisinga Police Station Case no. 30/2018. In the trial, the accused-appellant faced a charge of fratricide and after conclusion of the trial, the Court of learned Additional Sessions Judge, Udalguri finding him guilty for the offence of murder, has convicted the accused-appellant under Section 302 , INDIAN PENAL CODE [IPC]. The accused-appellant has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/-, in default of payment of fine, to undergo rigorous imprisonment for another 6 [six] months.
2. We have heard Ms. R.D. Mazumdar, learned Amicus Curie for the accused-appellant and Ms. B. Bhuyan, learned Senior Counsel & Additional Public Prosecutor for the respondent State.
3. The machinery of investigation was set into motion on lodgment of a First Information Report [FIR] before the Officer In-Charge, Harising
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.
It is a settled legal proposition that conviction of a person accused of committing an offence, is generally based solely on evidence that is either oral or documentary, but in exceptional circumstan....
In murder cases based on circumstantial evidence, each link must be established beyond reasonable doubt, with all evidence consistently pointing to the guilt of the accused.
In criminal cases based on circumstantial evidence, the prosecution must establish a complete and unbroken chain of evidence to prove guilt beyond reasonable doubt.
Circumstantial evidence must form a complete chain without breaks, and extrajudicial confessions require corroboration; benefit of doubt is given to the accused when evidence is insufficient.
Circumstantial evidence must form a complete chain pointing to guilt, with the prosecution required to establish every link beyond reasonable doubt.
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.
Criminal Law - Offence of Murder - Circumstantial evidence - It is now well-settled that with a view to base a conviction on circumstantial evidence, prosecution must establish all pieces of incrimin....
Circumstantial evidence must form a complete chain pointing to guilt, and extrajudicial confessions require corroboration to be reliable.
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