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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
Michael Zothankhuma, N.Unni Krishnan Nair
Badal Gorh, S/O. Sri Kunu Gorh – Appellant
Versus
State Of Assam Rep. By PP – Respondent
| Table of Content |
|---|
| 1. appellant convicted for murder of wife. (Para 2 , 3 , 4 , 5 , 6) |
| 2. defense challenges circumstantial evidence. (Para 7 , 8 , 9 , 10) |
| 3. reliability of witness testimonies and confessions. (Para 11 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30) |
| 4. criteria for considering extra-judicial confessions. (Para 31 , 32 , 33) |
| 5. establishing guilt through circumstantial evidence. (Para 34 , 35 , 36 , 37 , 38) |
| 6. conclusion: appeal dismissed, conviction upheld. (Para 39 , 40 , 41) |
JUDGMENT :
M. Zothankhuma, J.
Heard Mr. B. J. Talukdar, learned Senior Counsel and Amicus Curiae for the appellant, assisted by Mr. P. K. Medhi, learned counsel. Also heard Ms. A. Begum, learned Addl. Public Prosecutor, Assam.
2. This appeal has been filed against the impugned judgment and order dated 16.09.2020, passed by the learned Sessions Judge, Lakhimpur, North Lakhimpur, in Sessions Case No. 8(NL)/2018, by which the appellant has been convicted under Section 302 of the IPC and sentenced to undergo imprisonment for life with a fine of Rs.1,000/-, in default, rigorous imprisonment for one month, on account of the appellant killing his wife with a dao.
3. T
Circumstantial evidence and extra-judicial confessions can sustain a murder conviction, provided they form a complete chain, even without eyewitness testimony.
Circumstantial evidence, coupled with a lack of alibi or credible explanation from the appellant, sufficiently establishes guilt in a murder conviction under Section 302 IPC.
Circumstantial evidence must form a complete and unbroken chain to establish guilt beyond reasonable doubt; mere suspicion is insufficient for conviction.
Circumstantial evidence and extra-judicial confession, when corroborated by testimony, can support a conviction for murder under Section 302 IPC.
A confessional statement made voluntarily and corroborated by other evidence can be relied upon for conviction even if it is retracted during the trial.
The prosecution must prove guilt beyond a reasonable doubt through an unbroken chain of circumstantial evidence; mere suspicion is insufficient for conviction.
Conviction based on circumstantial evidence requires a complete chain of evidence excluding all reasonable hypotheses of innocence; extrajudicial confessions need corroboration to be reliable.
The court relied on circumstantial evidence, the credibility of witnesses, and the nature of the injuries to establish the guilt of the accused under IPC 302.
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