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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
MICHAEL ZOTHANKHUMA, KAUSHIK GOSWAMI
Md. Rafik Ali, S/o. Late Fazur Ali @ Fecha – Appellant
Versus
State of Assam, Rep. BY P.P., Assam – Respondent
JUDGMENT :
KAUSHIK GOSWAMI, J.
1. Heard Mr. T J Mahanta, learned Senior counsel assisted by Mr. T Gogoi, learned counsel for the appellant in Criminal Appeal No. 145/2024 and Mr. I H Saikia, learned counsel for the appellant in Criminal Appeal No. 104/2024. Also heard Mr. R R Kaushik, learned Additional Public Prosecutor, Assam for the State.
2. These two appeals are directed against the judgment of conviction dated 07.03.2024 and sentence dated 13.03.2024 passed by the learned Sessions Judge, Baksa, Mushalpur in Sessions Case No.82/2022, whereby the accused appellant in Criminal Appeal No. 145/2024, namely, Md. Rafik Ali and co- accused/appellant in Criminal Appeal No. 104/2024, namely, Md. Jeharul Ali were convicted under Sections 302 /365/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.2000/- (Rupees Two Thousand) each, in default of payment of fine, to undergo rigorous imprisonment for further six months each under /34 of the IPC and also sentenced to undergo rigorous imprisonment for 3 years each with a fine of Rs. 2,000/- each and in default, simple imprisonment for another 3 months under Sections 365 /34 of the . B
Conviction based on circumstantial evidence requires continuity of links establishing guilt; 'last seen theory' must be supported by additional incriminating factors.
In a case where conviction is based on circumstantial evidence, motive assumes great significance.
Circumstantial evidence alone, especially the last seen theory without corroboration, is insufficient for conviction; guilt must be established beyond reasonable doubt.
The prosecution must prove guilt beyond reasonable doubt in criminal cases, especially when relying on circumstantial evidence, which requires stringent adherence to established evidentiary standards....
The main legal point established in the judgment is the application of the 'last seen together theory' and the reliance on circumstantial evidence, medical evidence, and recovery evidence to establis....
In a case based on circumstantial evidence, the prosecution must prove all the circumstances which are required to be proved in order to complete the chain of circumstances towards the guilt of the a....
In a murder conviction based on circumstantial evidence, multiple corroborative factors, including the last seen theory and absence of alternative explanations, can establish guilt beyond reasonable ....
Murder – “Last seen” doctrine has limited application, where time lag between time deceased was seen last with accused and time of murder is narrow – Court should not convict an accused only on the b....
Prosecution must prove the entire chain of circumstantial evidence beyond reasonable doubt, failing which conviction cannot be sustained.
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