Back
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MICHAEL ZOTHANKHUMA, N.UNNI KRISHNAN NAIR
Billal Hussain, S/o. Sahadat Ali – Appellant
Versus
State Of Assam, Represented By The PP Assam – Respondent
| Table of Content |
|---|
| 1. conviction under section 302 ipc for wife’s murder. (Para 2 , 3 , 4 , 5 , 6 , 8) |
| 2. appellant's right to defense and innocence presumption. (Para 9 , 10 , 11 , 12) |
| 3. insufficient evidence proving the appellant's guilt. (Para 13 , 14 , 15 , 16 , 17) |
| 4. credibility of testimonies and their implications. (Para 18 , 22 , 23) |
| 5. circumstantial evidence must establish guilt beyond doubt. (Para 30 , 32 , 33) |
| 6. section 216 and 217 cr.p.c on alteration of charge. (Para 39 , 40 , 41) |
JUDGMENT :
M. Zothankhuma, J.
1. Heard Mr. H.R.A. Choudhury, learned Senior Counsel assisted by Mr. I.U. Choudhury, learned counsel for the appellant. Also heard Ms. B. Bhuyan, learned Senior Counsel and Additional Public Prosecutor, Assam assisted by Ms. R. Das, learned counsel for the State respondent.
2. This appeal is directed against the judgment dated 26.09.2022 passed by the learned Sessions Judge, Kokrajhar, in Sessions Case No.54/2017, convicting the appellant under Section 302 IPC for killing his wife by strangulation and sentencing him to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000/-, in default simple imprisonment for 6 (six) months.
3. The prosecution case is that
The prosecution must prove guilt beyond reasonable doubt; suspicion alone is insufficient for conviction.
The burden of proof in a criminal case lies on the prosecution, but in cases of circumstantial evidence, the burden on the accused to provide a cogent explanation is lighter. Motive and conduct are r....
The main legal point established in the judgment is that suspicion, however strong, cannot take the place of proof, and the burden of proof to establish guilt beyond reasonable doubt lies with the pr....
(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....
Point of law : It is clearly discernable that for a conviction to stand on the basis of circumstantial evidence, the facts so established should be consistent only with the hypothesis of guilt of the....
The prosecution's successful establishment of the chain of events and the application of Section 106 of the Evidence Act placed the burden on the appellants to prove otherwise.
Advocates appeared :For the Appellant : R. P. Gupta For the Respondent : C. P. Singh
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
