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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MICHAEL ZOTHANKHUMA, SANJEEV KUMAR SHARMA
Bholla Sankar Singh, S/o Chatrapathi Singh – Appellant
Versus
State Of Assam Represented By Pp Assam – Respondent
| Table of Content |
|---|
| 1. procedural record of conviction and sentence (Para 1 , 2) |
| 2. conflicting contentions on sufficiency of evidence (Para 3 , 4) |
| 3. circumstantial evidence must form a complete unbroken chain (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 25 , 26) |
| 4. strict compliance required for section 27 discovery evidence (Para 12 , 13 , 16 , 17 , 20 , 21 , 23 , 24) |
| 5. motive functions as a critical link in circumstantial cases (Para 14 , 15) |
| 6. limited evidentiary value of 161 crpc statements (Para 18 , 19) |
| 7. acquittal mandated when evidence fails to exclude innocence (Para 27 , 28 , 29 , 30) |
ORDER :
M. Zothankhuma, J.
1. Heard Mr. L.R. Mazumdar, learned counsel for the 2 appellants in Criminal Appeal No. 20/2022 and Crl.A. 52/2025 and Mr. D.K. Bagchi, learned Amicus Curiae, appearing for the appellant in Crl.A.(J) 117/2022. We have also heard Ms. A. Begum, learned Addl. PP for the State.
2. The three appellants herein have been convicted vide judgment dated 25/10/2021, passed by the Additional Sessions Judge (FTC), Cachar, Silchar, in Sessions Case No. 152/2009, under section 302 and 201 IPC. They have been sentenced to undergo rigorous imprisonment for life with a fine of Rs. 5000/- each, in def
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