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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
| Table of Content |
|---|
| 1. procedural background of the case. (Para 1 , 3 , 4 , 6) |
| 2. introduction of the case and procedural aspects. (Para 2) |
| 3. investigation and trial process overview. (Para 5) |
| 4. summary of parties' arguments regarding evidence. (Para 7 , 8) |
| 5. evaluation of circumstantial evidence and confessions. (Para 21) |
| 6. importance of extra-judicial confession and circumstantial evidence. (Para 22 , 30 , 34 , 40) |
| 7. standard of proof in circumstantial evidence cases. (Para 26 , 37) |
| 8. final decision and instructions for victim compensation. (Para 42 , 43 , 44 , 45 , 46) |
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-appel
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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