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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
NELSON SAILO, PRANJAL DAS
Daineisang Pudaite, S/o. Sri Khunzul Pudaite – Appellant
Versus
State Of Assam, Rep. By P.P. – Respondent
JUDGMENT :
Mr. Pranjal Das, J.
Heard Mr. B. Baruah, learned counsel for the appellant. Also heard Mr. R. R. Kaushik, learned Additional Public Prosecutor, Assam for the State respondent and Mr. B. K. Sen, learned counsel for the respondent No. 2.
2. The instant criminal appeal has been filed by the convict appellant Daineisang Pudaite against the judgment dated 27.09.2023 and sentence and order dated 05.10.2023 passed by the learned Sessions Judge, Dima Hasao, Haflong in Sessions Case No.28/2015, whereby, the convict appellant has been convicted under Sections 302/341 IPC and sentenced to undergo imprisonment for life and a fine of Rs. 10,000/- in default to undergo further imprisonment for 6(six) months.
3. The prosecution case in brief, which was before the learned Trial Court was that an FIR was lodged on 31.03.2015 by one Babul Acharjee at the Harangajao police station in district of Dima Hasao alleging that on 28.03.2015 at about 9.00 P.M. one Doya Hmar of Hrangchal along with two of his associates confined his brother Haradhan Acharjee and severely assaulted him.
4. Upon receipt of the FIR, Harangajao P.S. Case No. 04/2015 was registered under Sections 341/325/34 IPC and investiga
Murder – Non-examination of Doctor who conducted autopsy on dead body of deceased and who prepared post-mortem report is not fatal to case of prosecution.
The court relied on oral and documentary evidence to establish the guilt of the accused under Section 302 IPC.
A dying declaration can alone substantiate conviction if it instills confidence and is corroborated by credible evidences.
Dying declarations can alone sustain a conviction if deemed reliable and made in a fit state of mind, without corroborative evidence being strictly necessary.
Murder – Factor which distinguishes culpable homicide from murder is presence of special mens rea which consists of mental attitudes indicated in Section 300 IPC and unless one of it is attributable ....
The voluntary and truthful nature of dying declaration and the competency of a child witness to depose are crucial in establishing guilt and determining the appropriate criminal offense.
A dying declaration can serve as the sole basis for conviction if it is credible and corroborated, emphasizing its legal admissibility in murder cases.
The court clarified the legal position regarding the admissibility of dying declarations and the interpretation of Explanation II to Section 299 IPC in cases of culpable homicide.
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