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THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH, ITANAGAR PERMANENT BENCH
MANISH CHOUDHURY, KARDEK ETE
Abdul Basar @ Basa – Appellant
Versus
State of Arunachal Pradesh – Respondent
| Table of Content |
|---|
| 1. procedural history and factual background of the criminal investigation. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. contentions regarding evidence, motive, and the reliability of sole eye-witness. (Para 9 , 10) |
| 3. assessment of witness testimony including credibility of sole eye-witness. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 21 , 22 , 23) |
| 4. criteria for relying on sole eye-witness and impact of missing weapon recovery. (Para 19 , 20 , 24 , 25 , 26 , 27) |
| 5. applicability of section 300 thirdly, ipc regarding intentional bodily injury. (Para 28 , 29 , 30 , 31 , 32) |
| 6. evaluation of applicability of exceptions 1 and 4 of section 300, ipc. (Para 33 , 34 , 35) |
| 7. final order of conviction and directions for victim compensation. (Para 36 , 37 , 38 , 39) |
JUDGMENT & ORDER :
[Manish Choudhury, J.]
1. This criminal appeal from jail is directed against a Judgment dated 20.11.2019 and an Order on Sentence dated 22.11.2019 passed by the Court of learned District and Sessions Judge, Tirap, Changlang and Longding at Khonsa, Arunachal Pradesh in Khonsa Sessions Case no. 46/2019. By the Judgment dated 20.11.2019, the accused-appellant has been convicted for the offence of murder und
The court affirmed the conviction for murder, establishing that a single fatal blow with a weapon can constitute murder if intended to cause serious injury, rejecting claims of provocation.
The court ruled that solitary eyewitness testimony can suffice for conviction in murder cases, especially when corroborated by medical evidence. The culpable act did not fall under provocation except....
The court determined that the accused's actions constituted culpable homicide not amounting to murder due to the absence of premeditation and the nature of the altercation, altering the conviction fr....
The court affirmed the conviction for murder under Section 302 IPC, highlighting that the accused acted with sufficient intent, despite claims of provocation, based on consistent eyewitness testimoni....
The Court upheld the life imprisonment conviction under Section 302 IPC, affirming the case as murder due to the absence of sudden provocation and corroborative evidence supporting the eyewitness's t....
Culpable homicide may be reduced to lesser charges under Exception 4 of Section 300 IPC when death occurs due to injuries inflicted during a sudden fight without premeditation.
The judgment emphasizes the importance of eyewitness testimony, medical evidence, and the application of legal provisions in establishing guilt and justifying the conviction and sentence.
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