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GAUHATI HIGH COURT
MR. SANJAY KUMAR MEDHI, HONOURABLE MR. MRIDUL KUMAR KALITA, JJ
Rishiram Sarmah – Appellant
Versus
THE STATE OF ASSAM – Respondent
JUDGMENT & ORDER :
Mridul Kumar Kalita, J.
1. Heard Mr. B. Baruah, the learned counsel for the appellant. Also heard Ms. B. Bhuyan, the learned Additional Public Prosecutor and Senior Advocate assisted by the learned counsel Ms. R. Das, representing the State of Assam.
2. This Jail Appeal has been registered upon receiving the petition of appeal from the appellant, Rishiram Sarmah, who is currently serving his sentence as per the impugned judgment in the District Jail, Udalguri.
3. The appellant has impugned the judgment dated 19.02.2021, passed by the Court of learned Sessions Judge, Udalguri in the Sessions Case No. 40(U)/2016, whereby the appellant was convicted under Section 302/201 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for life and a fine of Rs.5000/- (Rupees Five Thousand) and in default of payment of fine to undergo further imprisonment of 6 months under Section 302 of the Indian Penal Code. The Appellant was also sentenced to undergo rigorous imprisonment for 7 years and a fine of Rs.5000/- (Rupees Five Thousand) only and in default of payment of fine to undergo further imprisonment for 4(four) months under Section 201 of the Indian Penal C
Extra-judicial confessions can be admissible if made voluntarily; corroboration from multiple credible witnesses and medical evidence supports conviction under Sections 302 and 201 of the Indian Pena....
Extra-judicial confessions can support a conviction if found voluntary and corroborated by evidence, even in the absence of direct witnesses.
Value of evidence as to confession depends on reliability of witness who gives evidence.
Extrajudicial confessions must be voluntary and credible; reliance on circumstantial evidence requires a complete and conclusive chain excluding reasonable doubt for a conviction.
Provisions of Section 106 of Evidence Act itself are unambiguous and categoric in laying down that when any fact is especially within knowledge of a person, burden of proving that fact is upon him.
It is a settled legal proposition that conviction of a person accused of committing an offence, is generally based solely on evidence that is either oral or documentary, but in exceptional circumstan....
Extrajudicial confession can support a conviction if credible, corroborated by other evidence, and satisfies standards for circumstantial evidence.
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