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2025 Supreme(Gau) 1100

IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
MANISH CHOUDHURY, MITALI THAKURIA
Bharat Bora – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Z. Alam, N.D. Sarma, E.U. Ahmed, N. Nazneen, S. Sultana, N. Mahajan, N.J. Das, B. Pushilal, P.K. Das, A. Chaudhury, Md. R. Ali

Judgement Key Points

Based on the provided legal document, the key points are as follows:

  1. The case involves a conviction for murder under Section 302 of the Indian Penal Code, with the appellant sentenced to life imprisonment and a fine (!) .

  2. The investigation was initiated following a FIR alleging that the appellant and his mother were responsible for the death of the deceased, who was his wife (!) (!) .

  3. The medical evidence indicates that the death was caused by asphyxia due to strangulation, and the injuries were homicidal in nature. Burn injuries observed were superficial and post-mortem, not the cause of death (!) (!) (!) (!) .

  4. The prosecution's case is primarily based on circumstantial evidence, including statements from witnesses, forensic reports, and the appellant’s alleged confessional statements, as there are no direct eyewitnesses (!) (!) .

  5. The evidence shows that the deceased was last seen alive with the appellant, and her death occurred in her house, where she was staying with the appellant and his mother. The relationship was generally described as cordial, with only one prior incident reported by the deceased (!) (!) .

  6. The appellant did not provide any explanation for the cause of death during his statement under Section 313 of the CrPC, and he did not adduce any evidence in his defense. His absence from the hospital after the incident and subsequent abscondence for several months are noted as suspicious behaviors (!) (!) .

  7. Witness testimonies, including those of neighbors and relatives, support the inference that the appellant was involved in the murder, especially given the circumstances of the injuries and the medical findings. Some witnesses who initially appeared hostile later provided statements implicating the appellant (!) (!) (!) .

  8. The evidence establishes a consistent chain indicating that the appellant strangulated his wife during a dispute and attempted to conceal the murder by staging the scene to look like an accidental burn injury (!) .

  9. The court emphasized that the circumstantial evidence was sufficient to exclude other hypotheses and that the chain of circumstances was complete, leading to the conclusion that the appellant was guilty beyond reasonable doubt (!) (!) .

  10. The appellate court upheld the conviction, agreeing that the prosecution had proved its case beyond reasonable doubt, and dismissed the appeal accordingly (!) (!) .

  11. The case record was ordered to be sent back to the trial court with a copy of the judgment (!) .

These points collectively reflect the court's reasoning, evidence evaluation, and the legal conclusion that the appellant was responsible for the deceased’s death through homicidal strangulation.


Table of Content
1. criminal appeal regarding murder conviction. (Para 1 , 2 , 3)
2. investigation and trial process details. (Para 4 , 5 , 6 , 7)
3. arguments for the appellant's acquittal. (Para 8 , 9 , 10 , 11)
4. prosecution's burden of proof and evidence presentation. (Para 12 , 14 , 15 , 16 , 18 , 19)
5. court's observations on evidence, witness credibility and circumstances. (Para 13)
6. expert testimony and medical evidence on death. (Para 20 , 21 , 22 , 23 , 25)
7. witness testimonies and reliability. (Para 24 , 26 , 28 , 30 , 32 , 34 , 36)
8. witness credibility and hostile witness implications. (Para 38 , 39 , 40)
9. evidence gathering during investigation. (Para 41 , 42 , 43)
10. family relations and prior incidents context. (Para 44 , 45 , 46 , 47 , 48)
11. confessions and extra-judicial statements. (Para 49 , 50 , 51 , 52 , 53)
12. inquest findings and their relevance. (Para 54 , 55 , 56 , 57 , 58)
13. summation of prosecution's circumstantial evidence. (Para 59 , 60 , 61 , 62)
14. the need for a complete narrative in circumstantial cases. (Para 63 , 64 , 65 , 66 , 67)
15. legal standards for conviction based on circumstantial evidence. (Para 68 , 69 , 70 , 74 , 75)
16. final judgmen

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