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AKIL KURESHI, ARINDAM LODH
Rajib Malakar – Appellant
Versus
State of Tripura – Respondent
JUDGMENT
Arindam Lodh, J. - This appeal assails from the judgment and order of conviction and sentence dated 09.07.2019 passed by the learned Sessions Judge, North Tripura, Dharmanagar in case No. S.T. (Type-1) 06 of 2017 whereby and whereunder, the appellants were convicted and sentenced to suffer rigorous imprisonment for life and also to pay a fine of Rs. 10,000/- with default stipulation for the offence punishable under Section 302 read with Section 34 of the IPC, and further sentenced to suffer rigorous imprisonment for 3 years with a fine of Rs. 10,000/- with default stipulation for the offence punishable under Section 201 read with Section 34 of the IPC.
2. Heard Mr. PK Biswas, learned senior counsel assisted by Mr. P. Majumder, learned counsel appearing for the appellant as well as Mr. Ratan Datta, learned PP appearing for the respondent.
3. The prosecution case was set in motion with the complaint lodged by one Bappa Malakar alleging that, on 04.11.2015 at night his younger sister, namely, Mamata Malakar (26 years) was killed by the appellants, namely, Rajib Malakar (husband), Smt. Sukriti Malakar (mother-in-law) and Sri Raju Malakar (brother-in-law of the deceased), by way
The prosecution must prove guilt beyond reasonable doubt; circumstantial evidence must negate the innocence of the accused, which was not established in this case.
The main legal point established is the requirement to fully establish circumstances in cases based on circumstantial evidence, the need for corroborating medical reports with other evidence, and the....
In the absence of any corroborating evidence, it would be highly unsafe to the award conviction for committing murder solely on the basis of medical evidence.
The court established that circumstantial evidence must form a complete chain leading to the only conclusion of guilt, with the prosecution bearing the burden of proof beyond reasonable doubt.
The burden of proof on the accused under Section 106 of the Evidence Act to offer a plausible explanation for the cause of death and the consequences of offering false explanations.
in case when the incident has taken place in the house of the family members, including deceased residing together, it is duty of accused to explain the circumstances in which method and manner, the ....
The prosecution must prove charges beyond reasonable doubt; mere suspicion is insufficient for conviction.
The central legal point established in the judgment is the requirement for clear and cogent evidence to establish guilt in cases based on circumstantial evidence, the need to prove motive, and the hi....
The court affirmed that circumstantial evidence can establish guilt beyond reasonable doubt, and the absence of direct eyewitness testimony does not invalidate accusations when the evidence points co....
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