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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 :
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.
3. Mr. A. Ahmed, learned Amicus Curiae appearing for the appellant, submits that the learned Trial Court could not have convicted the appellant, as it has not been proved that the axe that had been seized by the police was the weapon used for committing crime in question. He submits that though the axe had been seized by the police and the same was sent to the FSL for forensic examination, ther
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
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