Back
THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MICHAEL ZOTHANKHUMA, RAJESH MAZUMDAR
Modon Urang, S/o. Lt. Rameswar Urang – Appellant
Versus
STATE OF ASSAM – Respondent
| Table of Content |
|---|
| 1. procedural context, charges under section 302 ipc, and trial history. (Para 1 , 2 , 8 , 9) |
| 2. contention regarding reliability of police witnesses and absence of fsl verification. (Para 3 , 4 , 5 , 6) |
| 3. deposition and testimony of prosecution witnesses during the trial. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 4. police personnel can serve as credible sole eye witnesses. (Para 18 , 19 , 20 , 21 , 22) |
| 5. requirement of fsl report and mandatory recording of statement under section 161 crpc. (Para 23 , 24 , 25 , 26) |
| 6. final conviction, dismissal of appeal, and directions for victim support. (Para 27 , 28 , 29 , 30 , 31) |
JUDGMENT :
M. Zothankhuma, J.
1. Heard Mr. H. R. A. Choudhury, learned senior counsel for the appellant, assisted by Mr. I. U. Choudhury, learned counsel and Mr. U. Choudhury, learned Legal Aid Counsel for the appellant. Also heard Ms. B. Bhuyan, learned Senior Counsel and Addl. PP, Assam, assisted by Ms. R. Das, learned counsel.
2. This appeal has put to challenge the conviction of the appellant under Section 302 of the IPC for having killed his wife, who had eloped. The appellant has been convicted by the impugned Judgment dated 01.08.2022 passed by t
(1) While appreciating evidence in criminal cases, there cannot be a strait-jacket formula. Evidence must be appreciated from perception of a prudent common man.(2) Conduct of a stranger eyewitness t....
Court affirmed the conviction for murder based on the credible testimony of a sole eyewitness, emphasizing that absence of motive does not negate established guilt.
The court established that sudden provocation can reduce a murder charge to manslaughter, particularly in domestic disputes.
Circumstantial evidence and extra-judicial confessions can sustain a murder conviction, provided they form a complete chain, even without eyewitness testimony.
The conviction for murder was upheld based on substantial eyewitness testimony and evidence of motive, affirming the principle that direct evidence substantiates a guilty verdict beyond reasonable do....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
