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HE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, KARDAK ETE
Tibhu Tanti, S/o. Late Kamdev Tanti – Appellant
Versus
State Of Assam, To Be Rep. by The P.P., Assam – Respondent
JUDGMENT :
S.K. Medhi, J.
This instant Appeal has been preferred under Section 374(2) of the Code of Criminal Procedure, 1973 [corresponding to Section 415 of the BNSS] against the judgment and order dated 05.11.2022 passed by the learned Addl. Sessions Judge, Jorhat in Sessions Case No. 241/2016 whereby the appellants have been convicted under Section 302/34 of the IPC [corresponding to Section 103 BNS and 3(5) BNS] and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000/- (Rupees Five Thousand) i/d to undergo S.I. for 6 months.
2. The criminal law was set into motion by lodging of an Ejahar on 13.07.2016 by one Pawan Bawri, who is the son of the deceased. It was alleged inter-alia that on the said date at about 12.15 am as their neighbour Dipanjali Uria, daughter of Late Kamdev Uria had died out of an ailment, it was suspected that the said death was because of some incantation of his father. At around 1.30 am, Sri Mahesh Uria, younger brother of Late Kamdev Uria and son of Ghana Uria, accompanied by a resident of the Bahbari Branch of the Tea Estate, armed with weapons had trespassed into their house and took his father Shri Lal Bawri forcibly from the
Circumstantial evidence must form an unbroken chain leading to guilt; the absence of direct evidence does not negate conviction if circumstantial evidence is compelling.
Circumstantial evidence must establish a continuous chain linking the accused to the crime, and mere suspicion is insufficient for conviction.
The absence of corroborative evidence from reliable witnesses and the failure of the prosecution to establish a motive led to the overturning of the conviction based on circumstantial evidence.
The court upheld the conviction under IPC Section 302, emphasizing that circumstantial evidence must form a complete chain, proving guilt beyond reasonable doubt without the accused providing an adeq....
The prosecution must establish a complete chain of evidence beyond reasonable doubt for a conviction, especially in circumstantial cases.
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....
Conviction based on circumstantial evidence requires continuity of links establishing guilt; 'last seen theory' must be supported by additional incriminating factors.
The court ruled that both the 'last seen together' theory and extra-judicial confessions require corroboration and cannot independently sustain a conviction.
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