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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
Michael Zothankhuma, N.Unni Krishnan Nair
Jahanuddin Ali – Appellant
Versus
State Of Assam Rep. By Pp – Respondent
JUDGMENT :
M. Zothankhuma, J.
Heard Ms. M. Barman, learned Amicus Curiae for the appellant. Also heard Ms. A. Begum, learned Addl. P.P. for the State.
2. The appellant has put to challenge the judgment dated 08.12.2020, passed by the learned Addl. Sessions Judge, Bilasipara in Sessions Case No.18/2019, by which the appellant has been convicted under Section 302 IPC and sentenced to undergo rigorous imprisonment for life with a fine of Rs.5,000/, in default, to undergo rigorous imprisonment for 2 months.
3. The learned Amicus Curiae for the appellant submits that there is no eye witness to the murder of the appellant’s wife. She also submits that there is no circumstantial evidence to prove that the appellant had killed his wife with a sharp weapon, even though the appellant had surrendered before the police with a dao. The learned Amicus Curiae submits that the weapon (dao) that had been seized by the police from the appellant had not been sent to the Forensic Science Laboratory for examination and there was no bloodstain on the dao. She also submits that in his examination under Section 313 Cr.P.C, the appellant had given an explanation to the last question, to the effect that the inf
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 and extra-judicial confessions can sustain a murder conviction, provided they form a complete chain, even without eyewitness testimony.
Circumstantial evidence must form a complete and unbroken chain to establish guilt beyond reasonable doubt; mere suspicion is insufficient for conviction.
There was no eye witness as to actual assault on body of deceased which lead to her death and as such, it can be said that conviction of appellant is based on circumstantial evidence.
Circumstantial evidence must establish a continuous chain linking the accused to the crime, and mere suspicion 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....
Circumstantial evidence and extra-judicial confession, when corroborated by testimony, can support a conviction for murder under Section 302 IPC.
The prosecution must establish a complete chain of circumstantial evidence beyond reasonable doubt for a conviction under Section 302 IPC.
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