Mustt. Mirija Begum, W/o. Habibur Rahman vs Crl.A. 73 of 2022

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Gau) 341

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MICHAEL ZOTHANKHUMA, KAUSHIK GOSWAMI
Mustt. Mirija Begum, W/o. Habibur Rahman – Appellant
Versus
Crl.A. 73 of 2022 – Respondent

Advocates Appeared:
For the Petitioner: Mr. D.K. Bhattacharyya
For the Respondent: Ms. B. Bhuyan Sr. Counsel. & Addl. P.P.

Table of Content
1. criminal appeal overview. (Para 1 , 2)
2. delay in fir raises suspicion. (Para 3 , 4)
3. admissibility of evidence issues. (Para 5 , 6)
4. credibility of witnesses and prosecution. (Para 7 , 8 , 9)
5. court's analysis of evidence. (Para 18 , 19 , 21)
6. prosecution's burden of proof. (Para 22 , 23 , 24)
7. act of absconding not conclusive. (Para 30 , 31)
8. acquittal based on reasonable doubt. (Para 36 , 38 , 39)

JUDGMENT :

M.Zothankhuma, J.

1. Heard Mr. D.K. Bhattacharyya, learned counsel for the appellant. Also heard Ms. B. Bhuyan, learned Senior Counsel and Additional Public Prosecutor, Assam, assisted by Ms. R. Das, learned advocate for the State.

2. This is an appeal against the conviction of the appellant under Section 302 IPC , pursuant to the impugned judgment dated 27.02.2018 passed by the learned Court of the Sessions Judge, Kamrup, Amingaon in Sessions Case No.208/2014 and the sentence imposed upon the appellant to undergo rigorous imprisonment for life, with a fine of Rs.2,000/-, in default, to undergo simple imprisonment for another 2 months.

3. The appellant’s case is that while the offence of the appellant hacking the neck of the victim with a dao was alleged