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THE GAUHATI HIGH COURT, (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MANISH CHOUDHURY, MARLI VANKUNG
Dhan Gowala, Sonitpur – Appellant
Versus
State of Assam, represented by the Public Prosecutor, Assam – Respondent
| Table of Content |
|---|
| 1. overview of the case and charges. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. consideration of evidence and testimonies. (Para 8 , 11 , 12) |
| 3. arguments regarding witness credibility and evidence. (Para 9 , 10) |
| 4. prosecution witnesses corroborate the incident details. (Para 25 , 26) |
| 5. singular witness testimony can be sufficient. (Para 28 , 29 , 30) |
| 6. legal principles regarding murder and culpable homicide. (Para 34 , 36 , 40) |
| 7. conclusion regarding the applicability of exception to murder. (Para 44 , 46) |
| 8. final order and directives. (Para 48 , 49 , 50 , 51) |
JUDGMENT :
Manish Choudhury, J.
The instant criminal appeal from Jail is directed against a Judgment & Order dated 08.08.2019 passed by the Court of learned Additional Sessions Judge, Biswanath Chariali at Sonitpur, Assam [‘the Trial Court’, for short] in Sessions Case no. 27 of 2018. By the Judgment & Order dated 08.08.2019, the Trial Court has convicted the accused-appellant for the offence under Section 302 , Indian Penal Code [ IPC ] and he has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/-, in default of payment of fine, to undergo rigorous imprisonment for another two months.
The court ruled that solitary eyewitness testimony can suffice for conviction in murder cases, especially when corroborated by medical evidence. The culpable act did not fall under provocation except....
The court determined that the accused's actions constituted culpable homicide not amounting to murder due to the absence of premeditation and the nature of the altercation, altering the conviction fr....
(1) Ordinarily, a witness cannot be expected to recall accurately sequence of events which take place in rapid succession or in a short time span – Presence of an injured eye-witness at the time and ....
Culpable homicide may be reduced to lesser charges under Exception 4 of Section 300 IPC when death occurs due to injuries inflicted during a sudden fight without premeditation.
The judgment emphasizes the importance of eyewitness testimony, medical evidence, and the application of legal provisions in establishing guilt and justifying the conviction and sentence.
The distinction between murder and culpable homicide hinges on intention and circumstances, with the court applying Exception-4 of Section 300 IPC in cases of sudden quarrel.
The Court upheld the life imprisonment conviction under Section 302 IPC, affirming the case as murder due to the absence of sudden provocation and corroborative evidence supporting the eyewitness's t....
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