IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MICHAEL ZOTHANKHUMA, N. UNNI KRISHNAN NAIR
Suleman Barbhaiya – Appellant
Versus
State of Assam Rep. By Pp – Respondent
JUDGMENT :
M. Zothankhuma, J.
1. Heard Mr. L.R. Mazumdar, learned Amicus Curiae, appearing for the appellant. Also heard Mr. R.R. Kaushik, learned Additional Public Prosecutor, Assam for the State respondent. 2. This appeal has been filed against the impugned judgement dated 10/06/2022 passed by the Court of Learned Sessions Judge, Lakhimpur, North Lakhimpur, in Sessions Case No. 140(NL)/2019, by which the appellant has been convicted under section 302 IPC for killing his wife. The sentence order dated 13/06/2022, by which the appellant has been sentenced to undergo rigorous imprisonment for life with a fine of Rs. 1,000/-, in default, rigorous imprisonment for one month, has also been put to challenge.
3. The facts of the case, in brief, is that an FIR dated 08/05/2019 was submitted by the Prosecution Witness-3 (PW-3), who is the mother of the appellant, to the effect that her son (appellant) had always been creating disturbance by assaulting her and her daughter-in-law (deceased) for about one month, under the influence of Alcohol and Ganja. On 08/05/2019, at around 10 a.m., the appellant confined his wife (daughter-in-law) in the house and assaulted her with a wooden batten, causin
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Drunkenness does not absolve murder liability; intention to kill is assessed based on evidence, including circumstantial evidence of injuries indicating guilt.
Circumstantial evidence and extra-judicial confession, when corroborated by testimony, can support a conviction for murder under Section 302 IPC.
Section 106 of the Evidence Act reads Burden of proving fact especially within knowledge – When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him.
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....
Section 304 Part II IPC relates to punishment but without any intention to cause death.
The court established that circumstantial evidence must form a complete chain to prove guilt, and the failure of the appellant to explain the injuries sustained by the deceased led to conviction unde....
Part II of Section 304 of IPC comes into play when the death is caused by doing an act with knowledge that it is likely to cause death, but there is no intention on the part of the accused either to ....
The case established the importance of circumstantial evidence, burden of proof, and the application of the last seen theory in establishing guilt.
The court affirmed the conviction for murder under Section 302 IPC, highlighting that the accused acted with sufficient intent, despite claims of provocation, based on consistent eyewitness testimoni....
Criminal Law – Offence of Murder - Burden of proving fact especially within knowledge - Prosecution has succeeded in establishing other circumstances in chain raising a strong presumption of guilt ag....
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