IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
MANISH CHOUDHURY, MITALI THAKURIA
Bharat Bora – Appellant
Versus
State of Assam – Respondent
Based on the provided legal document, the key points are as follows:
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 (!) .
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 (!) (!) .
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 (!) (!) (!) (!) .
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 (!) (!) .
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 (!) (!) .
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 (!) (!) .
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 (!) (!) (!) .
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 (!) .
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 (!) (!) .
The appellate court upheld the conviction, agreeing that the prosecution had proved its case beyond reasonable doubt, and dismissed the appeal accordingly (!) (!) .
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.
JUDGMENT :
MITALI THAKURIA, J.
1. This criminal appeal under Section 374 , Code of Criminal Procedure, 1973 [‘the Code’ or ‘CrPC’, for short] is directed against the Judgment and Order dated 03.11.2017, passed by the Court of learned Sessions Judge, Jorhat in Sessions Case no. 18 [J-J] of 2011, whereby the accused-appellant has been convicted for the offence of murder under Section 302 , INDIAN PENAL CODE [IPC] and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 20,000/-, in default of payment of fine, to undergo rigorous imprisonment for another 6 [six] months.
2. The investigation was set into motion on receipt of a First Information Report [FIR] from the informant, Shri Suresh Hazarika by the Officer In-Charge, Jorhat Police Station on 14.08.2010. In the FIR, the informant had inter-alia alleged that his daughter, Bijay Lakshmi Hazarika got married to the accused- appellant, a resident of Pokamura Komar Gaon, Jorhat on 02.06.2010. The informant had further stated that at around 05-00 a.m. on 14.08.2010, the face of his daughter got half-burnt by the fire from a gas stove and she was immediately admitted in the Jorhat Medical College & Hospital [JMC&H
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Advocates appeared :For the Appellant : R. P. Gupta For the Respondent : C. P. Singh
The prosecution must prove guilt beyond reasonable doubt; circumstantial evidence must negate the innocence of the accused, which was not established in this case.
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The court upheld the conviction based on established circumstantial evidence, affirming that all necessary conditions for such conviction were met.
The burden of proof on the accused under Section 106 of the Evidence Act to offer a plausible explanation for the cause of death and the consequences of offering false explanations.
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