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T. AMARNATH GOUD, ARINDAM LODH
Md. Furkan Ali – Appellant
Versus
State of Tripura – Respondent
JUDGMENT
T. Amarnath Goud, J. - Heard Mr. J. Majumder, learned counsel appearing for the appellant and Mr. R. Datta, learned Public Prosecutor appearing for the State of Tripura-respondent.
2. This appeal has been filed under Section-374 of the Code of Criminal Procedure, 1973 against the judgment and order dated 28.11.2019 and sentence dated 30.11.2019 passed by the Learned Sessions Judge, North Tripura, Dharmanagar, in connection with Case No. S.T. (Type-1) 03 of 2018 and sentenced him to suffer rigorous imprisonment for life for the offence punishable under Section-302 of IPC and also to pay a fine of Rs. 10,000/- with default stipulations.
3. The factual backdrop of the case, in a nut shell, is that Sri. Kiran Shankar Choudhury (PW-16), Sub-Inspector of Police of Kadamtala Police Station lodged a suo motu complaint with the Officer-in-Charge, Kadamtala Police Station stating inter alia that on 19.09.2015 at about 0605 hours Md. Furkan Ali (convict appellant) appeared at Kadamtala Police Station and disclosed that he killed his ex-wife Ayarun Necha, daughter of Md. Abdul Jabbar of South Pearacherra with a 'dao' at about 0100 to 0130 hours on the night of 19.09.2015 at his matrimoni
The court ruled that in cases relying on circumstantial evidence, a complete and consistent chain must be established, excluding reasonable hypotheses of innocence for a valid conviction.
Point of law: It is a settled principle of criminal jurisprudence that extrajudicial confession is a weak piece of evidence. Wherever the Court, upon due appreciation of the entire prosecution eviden....
Extrajudicial confessions must be voluntary and credible; reliance on circumstantial evidence requires a complete and conclusive chain excluding reasonable doubt for a conviction.
The judgment emphasizes the requirement for complete and unimpeachable evidence to prove guilt beyond reasonable doubt in a case of circumstantial evidence.
In murder cases based on circumstantial evidence, each link must be established beyond reasonable doubt, with all evidence consistently pointing to the guilt of the accused.
Prosecution must prove guilt beyond reasonable doubt, and circumstantial evidence needs a complete chain indicating the accused's guilt; extra-judicial confessions require corroboration and cannot so....
It is a settled legal proposition that conviction of a person accused of committing an offence, is generally based solely on evidence that is either oral or documentary, but in exceptional circumstan....
Extra-judicial confessions require corroborative evidence to ensure reliability; circumstantial evidence must present a complete chain connecting the accused to the crime without reasonable doubt.
Extrajudicial confession can support a conviction if credible, corroborated by other evidence, and satisfies standards for circumstantial evidence.
For a conviction based on circumstantial evidence, the prosecution must establish a clear chain of evidence that excludes reasonable doubt regarding the accused's guilt.
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