(A) Indian Penal Code, 1860 – Murder – Confession – Retracted – it could not be shown by the appellant before this Court that there were any procedural lapses in recording of the confessional statement of the appellant, so as to give him any benefit of doubt. Injuries as told in confessional statement matches in medical evidence – Retraction not at early stage but during statement u/s 313 Cr PC – Held: Not a fit case to discard the confessional statement. (Para 38, 40, 41, 43)
(B) Indian Penal Code, 1860 – Murder – Sudden Provocation – No evidence that deceased had given a grave and sudden provocation to the appellant – Held: The appellant could not establish that the deceased had given a grave and sudden provocation to the appellant, which provoked the appellant to assault her. (Para 44)
(C) Indian Evidence Act, 1872 – Section 106 – Indian Penal Code, 1860 – Murder – Motive – Held: Failure of the prosecution to prove the motive of the appellant to kill his wife in this case would not be fatal to the prosecution and the appellant would not be entitled to be acquitted because the crime took place in the confines of their matrimonial home and under section 106 of the Evidence Act, 1872, it was his burden to prove what had happened in the confines of their matrimonial home. (Para 45)
GAUHATI HIGH COURT
2023 STPL(Web) 58 Gauhati
[GAHC010027092020]
CHARUA KACHUA @ SUSHIL KUJUR VS. STATE OF ASSAM
CRL.A(J) 1 of 2020-Decided on 25-8-2023
https://stpllaw.in/wp-content/uploads/2023/08/2023-STPLWeb-58-Gauhati.pdf
