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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SUSMITA PHUKAN KHAUND, BUDI HABUNG
Adungfa Jebisow – Appellant
Versus
State of Arunachal Pradesh represented by the Addl. P.P. – Respondent
| Table of Content |
|---|
| 1. spousal murder fir and trial conviction background. (Para 1 , 2 , 3 , 4 , 5) |
| 2. appellate re-appreciation; sharad birdhichand circumstantial principles. (Para 6 , 9 , 16 , 17) |
| 3. no eyewitness; weak confessions warrant acquittal. (Para 7) |
| 4. circumstantial evidence includes last seen, confessions, recovery. (Para 8) |
| 5. witnesses confirm quarrels, discovery, homicidal injuries, disclosures. (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 6. proved circumstances: death, last seen, conduct, confessions. (Para 18) |
| 7. defective investigation not fatal to conviction. (Para 19 , 20) |
| 8. multiple injuries suffice for section 300 thirdly murder. (Para 21 , 22 , 23 , 24) |
| 9. unbroken chain proves exclusive accused guilt. (Para 25 , 26 , 27) |
| 10. appeal dismissed; 302 ipc sentence upheld. (Para 28 , 29 , 30 , 31 , 32 , 33) |
JUDGMENT & ORDER (CAV)
[Budi Habung, J]
The present jail appeal arises out of the judgment and order dated 21.12.2022, whereby the learned Trial Court convicted the appellant for the offence punishable under Section 302 of the IPC and sentenced him to life imprisonment with a fine of Rs. 10,000/-, and in default thereof, to suffer simple imprisonment for two months.
2. The facts lead
Murder conviction upheld on circumstantial evidence via complete chain: homicidal death, last seen together, false explanation, body concealment, corroborated confessions, medical proof of fatal inju....
The conviction for murder under Section 302 IPC was upheld based on circumstantial evidence demonstrating a complete and unbroken chain leading to the appellant's guilt.
In order to sustain conviction must be complete and incapable of explanation of any other hypothesis than that of the guilt of the accused and such evidence should not only be consistent with the gui....
The court held that acts committed under grave and sudden provocation may reduce the charge from murder to culpable homicide, emphasizing the absence of malicious intent.
The court relied on circumstantial evidence, the credibility of witnesses, and the nature of the injuries to establish the guilt of the accused under IPC 302.
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 court established that sudden provocation can reduce a murder charge to manslaughter, particularly in domestic disputes.
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