Allowed

Manik Roy v. the State of Assam

Gauhati HC1 Jun 2018Crl.A./83/2013

Case brief

AI extract

What is this about?

The High Court set aside convictions for murder and kidnapping, granting benefit of doubt due to lack of voluntary confessions and insufficient corroborative evidence.

What did the court decide?

Conviction set aside; appellants set at liberty.

What the court decided

AI extract

Manik Roy Vs the State of Assam — Murder and Culpable Homicide | Gauhati HC (2018)

¶41

17. The accused appellants had made confessional statements which were recorded by the Judicial Magistrate PW-32 under Section 164 CrPC. In his statement recorded under Section 164 CrPC, Manik Roy stated that he was familiar with Pankaj since 1999 and they became friends. Both used to visit each other’s house. Uncle of Pankaj, Jagadish Nath took Rs.5,000/- from Manik Roy after assuring him that he would be engaged as security guard in a medicine company but he was not engaged. On 08.04.2002, he had gone to Guwahati from Gauripur with PW-10 Bhuban Biswas to enquire about his elder sister. On 10.04.2002 both of them had gone to the residence of Pankaj and together with Pankaj they had gone to the house of Jagadish Nath but he was not available. Manik Roy again went to the house of Jagadish Nath on 12.04.2002 taking Pankaj along with him. Jagadish Nath told him to come in the month of May when he would provide him a job. On 13.04.2002, Manik Roy came home from Guwahati to Gauripur along with Pankaj and after spending the night at his residence, the two of them went to the residence of friend Bharat Roy at Belguri village on the next day i.e., 14.04.2002. As night had fallen, Bharat Roy asked both of them to stay back. He stated that at around 10.30 pm, Samsul @ Chandia, Kaser Ali and Shahjahan came to the house of Bharat Roy and assaulted both of them. They had tied his arms and eyes with gamocha. The three of them thereafter assaulted Pankaj who told the assailants that he was the son of Deputy Superintendent of Police (DSP). His uncle Bablu then came searching for him. Though he told the assailants not to assault Pankaj, they did not pay any heed and continued to assault Pankaj with their hands. They also threatened Manik Roy to keep quite failing which they threatened to kill him. After the three of them completed their assault on Pankaj and when his uncle Bablu removed the clothes from his arms and eyes, he saw Pankaj was lying dead. The assailants along with Bharat had told Manik Roy to throw the dead body into the river Gangadhar. Thereafter, Chandia, Bharat, Kaser, Shahjahan and himself lifted the dead body of Pankaj and threw it into river Gangadhar. He was threatened by the assailants not to disclose to anybody about the aforesaid incident. When he learnt that police was searching for him, he surrendered before the Gauripur Police Station on 23.04.2002.

Manik Roy v. the State of Assam

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Manik Roy v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Moina Khatun @ Moina Vs the Union of India and 4 Ors.

Miss Mahmuda Khatun Vs Md. Imamuddin and 2 Ors.

Abdul Salam Vs the Union of India and 7 Ors.

Fulmala Khatoon and 4 Ors. Vs the Union of India and 7 Ors.

A compact analysis

Statutes considered

Kaser Ali Vs the State of Assam and Anr.

Jatindra Barman @ Jatin Barman Vs the State of Assam and 7 Ors.