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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
ASHUTOSH KUMAR, ARUN DEV CHOUDHURY
State of Assam, Represented By PP Assam – Appellant
Versus
Bikash Das, S/o. Late Rajmohan Das – Respondent
JUDGMENT :
A.D. CHOUDHURY, J.
1. The Death Reference Case No.4/2019 and Crl.A.No.92(J)/2019 have been heard together and are being disposed of by this common judgment and order.
2. By the impugned judgment dated 27.09.2019 and the order of sentence dated 03.10.2019, passed by the learned Sessions Judge, Sivasagar in Sessions Case No.130(S-N) of 2018 arising out of GR Case No.390/2018 (PRC No.131/2018 & to Simaluguri GRPS case No.6/2018 under Sections 302, 302/34, 376(D) IPC, the appellant was convicted under Section 302 IPC and was sentenced to death and the accused Bikash Das was also convicted under Section 376(1) IPC and was sentenced to undergo Rigorous imprisonment for life and also to pay a fine of Rs.10,000/-and, in default, further simple imprisonment of three months.
3. The prosecution case in a nutshell is that on10.07.2018, the victim, a young female student of the 5th Semester of Assam Agricultural University, Jorhat, boarded the Down Dibrugarh Rangia (Kamakhya) Express from Sivasagar Railway Station at 08.52 AM and took her seat in the DSLR compartment attached next to the Engine. Her dead body was found lying in a half-naked condition at Simaluguri Railway Station in the
The judgment establishes that circumstantial evidence must form a complete, unbroken chain directly linking the accused to the crime, which warranted a life sentence in this case.
In criminal cases based on circumstantial evidence, every link in the evidence chain must be fully established, with a complete narrative supporting the conclusion of guilt; mere suspicion is insuffi....
Circumstantial evidence must establish a conclusive chain consistent with the accused's guilt; suspicion cannot replace proof beyond reasonable doubt in criminal convictions.
Provisions of Section 106 of Evidence Act itself are unambiguous and categoric in laying down that when any fact is especially within knowledge of a person, burden of proving that fact is upon him.
Value of evidence as to confession depends on reliability of witness who gives evidence.
The court emphasized that circumstantial evidence must establish a complete and unbroken chain of guilt beyond reasonable doubt, particularly in capital cases.
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