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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, KARDAK ETE
Mafidul Islam @ Mahidul Islam, S/o. Md. Ajgor Ali – Appellant
Versus
State of Assam, Represented By The Public Prosecutor, Assam – Respondent
| Table of Content |
|---|
| 1. introductory facts and procedural background (Para 1 , 2 , 3) |
| 2. witness testimonies regarding the incident (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. arguments regarding circumstantial evidence and absence of motive (Para 13 , 16 , 18 , 31) |
| 4. court's evaluation of evidence and application of legal standards (Para 14 , 15 , 22 , 24 , 26 , 32 , 34) |
| 5. argument highlights lapses in motive and evidence. (Para 20) |
| 6. implication of section 106 of the evidence act in circumstantial cases (Para 21 , 23 , 29) |
| 7. failure of prosecution to provide an unbroken chain of circumstances. (Para 30) |
| 8. final judgment and order (Para 35 , 36) |
Judgment :
(S.K. Medhi, J.)
The instant appeal has been preferred under Section 374(2) of the Code of Criminal Procedure, 1973 [corresponding to Section 415 (2) of the BNS S] against the judgment dated 02.03.2020 and sentence dated 07.03.2020 passed by the learned Additional Sessions Judge (FTC), Darrang, Mangaldoi in Sessions Case No. 193(DM)/2017 under Section 302 of the IPC [corresponding to Section 103 BNS ], thereby sentencing the appellant to undergo RI for life and fine of Rs. 10,000/. (Rupees Ten Thousand) in default, further imprisonme
Conviction must be based on a complete chain of circumstantial evidence; lack of motive and conflicting witness statements create reasonable doubt dismissing the case.
Murder – Only on the basis of post-mortem report there cannot be conviction for offence punishable under Section 302, I.P.C.
(1) Murder – If in a case based on circumstantial evidence, accused evades response to an incriminating question or offers a response which is not true, such a response, in itself, would become an ad....
(1) Section 106 of Evidence Act will apply to those cases where prosecution has succeeded in establishing facts from which a reasonable inference can be drawn.(2) When a case is resting on circumstan....
In murder cases based on circumstantial evidence, the burden shifts to the accused to explain the circumstances, and failure to do so can strengthen the prosecution's case.
(1) Section 106 of Evidence Act does not directly operate against either a husband or wife staying under same roof and being last person seen with deceased.(2) In a case of circumstantial evidence, m....
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