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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MICHAEL ZOTHANKHUMA, KAUSHIK GOSWAMI
Arjun Hasda, S/o. Lt. Rega Hasda – Appellant
Versus
State of Assam rep. by PP, Assam – Respondent
| Table of Content |
|---|
| 1. factual basis of the prosecution case (Para 3 , 4) |
| 2. arguments supporting prosecution's case (Para 5 , 13 , 14) |
| 3. arguments against the confession's validity (Para 6 , 7 , 8 , 9 , 10) |
| 4. assessing intent and nature of injuries in determining culpability. (Para 21 , 22 , 29) |
| 5. legal standards for confessions (Para 26 , 27 , 28) |
| 6. ruling on conviction reflects on culpable homicide classification. (Para 38) |
| 7. conclusion and sentencing (Para 39 , 40 , 41 , 42) |
JUDGEMENT :
(Michael Zothankhuma, J.)
1. Heard Mr. R. Sharma, learned Amicus Curiae, appearing for the appellant. Also heard Mr. R.R. Kaushik, learned Additional Public Prosecutor, Assam, representing the State.
2. This appeal has been filed against the judgment dated 25/11/2021 passed by the learned Sessions Judge, Baksa, Mushalpur, in Sessions Case No. 20/2019, by which the appellant has been convicted under section 302 IPC and sentenced to undergo rigorous imprisonment for life with a fine of Rs. 2000/- in default, further rigorous imprisonment for 2 (two) months vide sentence order dated 26/11/2021.
3. The prosecution case in brief, is that an FIR dated 12/07/2018 had been submitted by PW-6, who is the brother of
The conviction for murder was altered to culpable homicide not amounting to murder under Section 304 Part-II IPC, as the act was without premeditation, characterized by provocation.
The court established that intent to kill can be inferred from the nature of injuries and weapon used, and provocation must be grave and sudden to reduce charges under IPC.
Culpable homicide can be reduced from murder to a lesser charge if the act was committed under grave and sudden provocation, as outlined in Section 300 IPC.
The court established that circumstantial evidence, when unbroken and corroborated by confession, can lead to a conviction for murder, emphasizing the burden of proof on the accused.
The court established that provocation must be grave and sudden to negate intent for murder, which was not satisfied in this case.
A confessional statement made voluntarily and corroborated by other evidence can be relied upon for conviction even if it is retracted during the trial.
(1) Statement contained in FIR furnished by one of accused in the case cannot, in any manner, be used against another accused.(2) Doctor is not a witness of fact – A doctor is examined by prosecution....
cCnduct of the appellant, from the evidence led by the prosecution itself, indicates that neither was there any premeditation nor an intention to kill the deceased.
It is settled law that retaliation has to be proportionate to provocation.
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