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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, MARLI VANKUNG
Ritu Ramchiary Baksa, Mushalpur, Assam – Appellant
Versus
State Of Assam Rep. By PP, Assam – Respondent
Judgment :
(S.K. Medhi, J.)
The instant appeal has been preferred from jail against the judgment dated 20.12.2021 and order dated 21.12.2021 passed by the learned Sessions Judge, Baksa, Mushalpur in Sessions Case No. 54/2021, sentencing the appellant to undergo Rigorous Imprisonment (RI) for life and fine of Rs.1000/- in default of which RI of 2 months. The same involves the killing of the father of the informant by the appellant.
2. The criminal law was set into motion by lodging of an Ejahar by PW 3 alleging, inter alia, that on 04.03.2021 at about 5:30 p.m. when his father Jogen Boro (deceased) was sleeping inside the house, the appellant had trespassed into the house and had assaulted his father by repeatedly beating him on the left side of his head by a ‘bhuluka bah’ (a kind of bamboo) and when the informant had reached his home at about 6:00 p.m., he had seen his father lying dead on the bed and accordingly had informed the villagers. Though the Ejahar does not bear a date, the registration of the same in the format would show that the information was received at 11:00 p.m. on 04.03.2021 and the occurrence has been stated to be at 5:30 p.m. of 04.03.2021.
3. Based on the aforesa
A single credible eyewitness testimony can suffice for conviction in a murder case, even with minor inconsistencies, as corroborated by medical evidence.
Conviction under Section 302 cannot rest on sole eyewitness testimony riddled with contradictions, delay in naming accused, medical inconsistencies, and unnatural conduct; prosecution must prove guil....
Mere failure of the prosecution in producing reports from the Forensic Science Laboratory relating to the weapon of offence and the blood-stained earth and clothes would not derogate from the veracit....
Conviction for murder by unlawful assembly sustainable on reliable sole eyewitness to killing, corroborated by medical evidence and abduction witnesses, despite FIR delay, witness non-examination, an....
Conviction requires substantial evidence beyond hearsay; absence of key witnesses invalidates reliance on res gestae evidence.
Delay in FIR and pre-FIR inquest not vitiating trial absent prejudice; reliable natural witness testimony, corroborated by medical/weapon evidence, suffices for murder conviction despite inconclusive....
The conviction cannot stand if eyewitness testimony is contradictive and lacks corroboration, underscoring the necessity for reliability in criminal prosecutions.
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