Back
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MICHAEL ZOTHANKHUMA, KAUSHIK GOSWAMI
Sosendra Rabha S/o. Lt. Makhan Rabha – Appellant
Versus
State Of Assam Rep. By Pp, Assam – Respondent
| Table of Content |
|---|
| 1. conviction under ipc for murder. (Para 1 , 2) |
| 2. insufficient evidence for conviction under ipc. (Para 3 , 4 , 5) |
| 3. state's evidence supports guilt of appellant. (Para 6) |
| 4. witness testimonies establish incident details. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 5. examination under section 313 cr.p.c. details. (Para 18 , 19) |
| 6. evidence of guilt beyond reasonable doubt. (Para 20) |
| 7. statements under section 313 cr.p.c. clarified. (Para 21 , 22 , 23 , 24 , 25 , 26) |
| 8. prosecution established guilt through corroborated evidence. (Para 27) |
| 9. appeal dismissed; order upheld. (Para 28 , 29 , 30) |
JUDGMENT :
MICHAEL ZOTHANKHUMA, J.
1. Heard Mr. A. Ahmed, learned Amicus Curiae appearing for the appellant. Also heard Ms. A. Begum, learned Additional Public Prosecutor appearing for the State respondent.
2. The appellant has put to challenge the impugned judgment dated 04.04.2022 passed by the learned Additional Sessions Judge, Goalpara, in Sessions Case No. 114/2029, by which the appellant has been convicted under Section 302 of the IPC for having killed his friend with an axe.
3. Mr. A. Ahmed, learned Amicus Curiae appearing for the appellant, submits that the learned Tr
The conviction of an accused cannot solely rely on admissions made under Section 313 Cr.P.C without corroborating evidence linking the weapon to the crime.
The court clarified the distinction between murder and culpable homicide, emphasizing that sudden altercations without premeditated intent can lower the charge under IPC.
In cases where a single blow is inflicted with a blunt object, without an intention to cause death, the offense may be scaled down from murder under Section 302 IPC to culpable homicide not amounting....
Direct eyewitness testimony, if credible, suffices for conviction regardless of motive, as established in this case involving murder under Section 302 of the IPC.
The court affirmed the conviction under Section 302 IPC, emphasizing the credibility of eyewitnesses and the premeditated nature of the appellant's actions.
Since there is no proper evidence that axe which was allegedly recovered was murder weapon, medical evidence that such an axe can cause the injuries that were found on the deceased, by itself, cannot....
The prosecution must prove guilt beyond reasonable doubt, and eyewitness testimony can suffice even without recovery of the murder weapon.
Plea of alibi - when the plea of alibi, taken by an accused, is found to be false, it becomes an additional link in the chain of circumstances, which may appear against the accused
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
