Sibeswar Maslai vs The State Of Assam on 24 July, 2026

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    Gauhati High Court

    Sibeswar Maslai vs The State Of Assam on 24 July, 2026

    Author: M. Zothankhuma

    Bench: Michael Zothankhuma

                                                                            Page No.# 1/19
    
    GAHC010012572018
    
    
    
    
                                                                       2026:GAU-AS:10147
    
                                  THE GAUHATI HIGH COURT
       (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
    
                                   Case No. : CRL.A(J)/6/2018
    
                SIBESWAR MASLAI
                S/O. LT. SUJAI MASLAI, VILL. DABSAL, P.S. BAITHALANGSO, KARBI-
                ANGLONG.
    
    
                VERSUS
    
                THE STATE OF ASSAM
                GHC, GHY.
    
                2:INFORMANT
                 INFORMAN
    
    Advocate for the Petitioner   : MR. S K TALUKDAR, AMICUS CURIAE,
    
    Advocate for the Respondent : MS. A. BEGUM, ADDL. P.P., ASSAM.

    :::BEFORE:::

    HON’BLE MR. JUSTICE MICHAEL ZOTHANKHUMA
    HON’BLE MR. JUSTICE RAJESH MAZUMDAR

    Date on which judgment is reserved : 21.07.2026
    Date of pronouncement of judgment : 24.07.2026
    Whether the pronouncement is of the : N/A
    operative part of the judgment ?

         Whether the full judgment has been       : Yes
         pronounced?
                                                                          Page No.# 2/19
    
    
    
                                JUDGMENT & ORDER (CAV)
    
    
    (M. Zothankhuma, J)
    
    

    1. Heard Mr. S.K. Talukdar, learned Amicus Curiae appearing for the
    appellant and Ms. A. Begum, learned Addl. Public Prosecutor, Assam, appearing
    for the State.

    2. This is an appeal against the impugned Judgment dated 04/12/2017
    passed by the learned Sessions Judge, Diphu, Karbi Anglong in Sessions Case
    No.18/2007, by which the appellant has been convicted under Section 302 IPC
    and Section 436 IPC. The appellant was accordingly sentenced to undergo
    Rigorous Imprisonment for life with a fine of Rs.25,000/-, in default, to undergo
    Rigorous Imprisonment for 2(two) years under Section 302 IPC for each of the
    three murdered persons. He was also sentenced to undergo Rigorous
    Imprisonment for 5 years with a fine of Rs.25,000/-, in default, to undergo
    Rigorous Imprisonment for 2(two) years under Section 436 IPC. The sentences
    were to run concurrently.

    3. Being aggrieved with his conviction and sentence, the appellant has
    filed the present appeal, stating that there was no evidence given by the
    Prosecution witnesses, proving that the appellant had killed the Gaonburah or
    the appellant’s own two daughters, even though the appellant during the time
    of framing of charge under Sections 302/324/436 IPC, had pleaded guilty to the
    charges.

    Page No.# 3/19

    SPONSORED

    4. During the proceedings of the present appeal, this Court had noticed
    that besides the appellant having stood trial for the murder of three persons, a
    number of persons had sustained grievous injuries, namely Jinaram Amsi, Noldoi
    Amsi, Homen Mithi, Shankar Methi and Lokhim Maslai. This Court also observed
    that one Bhanu Maslai was an eyewitness to the murder of the Gaonburah
    Talbor Amsi, as per the evidence of the other Prosecution witnesses. Though the
    learned Public Prosecutor, Assam had made an application before the learned
    Trial Court for examining Bhanu Maslai, she was not examined. This Court also
    found that no endeavour had been made by the Prosecution for examining the
    injured witnesses mentioned above, who could throw light on the crime. This
    court also found that the learned Trial Court had remained a silent spectator
    regarding the above witnesses. Keeping in view the fact that Judges cannot take
    the role of Prosecution or defence, and as Judges could also not afford to be a
    mute spectator, this Court felt that fair trial demanded that Judges must take a
    participatory role to secure the ends of justice. In view of the above reasons
    and keeping in view Sections 311/391 Cr.P.C and Section 165 of the Evidence
    Act, this Court directed that additional evidence of the 5 witnesses mentioned
    above should be recorded, besides the evidence of Bhanu Maslai. The same was
    accordingly ordered by this Court vide order dated 30/01/2020.

    5. In terms of the order dated 30/01/2020 passed by this Court, the Trial
    Court records were sent back. However, the learned Trial Court sent the Trial
    Court records back to this Court along with an order dated 27/10/2021, wherein
    it stated that Smti. Bhanu Maslai had expired. This Court thereafter passed a
    subsequent order dated 01/08/2024, holding that the Trial Court had not spoken
    of recording the evidence of 5 other persons whose names had been mentioned
    Page No.# 4/19

    in the order dated 30/01/2020 and who had sustained grievous injures. This
    Court thus directed the learned Trial Court to record the additional evidence of
    the 5 other persons mentioned in the order dated 30/01/2020. Pursuant to the
    order dated 01/08/2024 passed by this Court for recording the additional
    evidence of the other 5 persons mentioned in the order dated 30/01/2020, the
    learned Trial Court recorded the additional evidence of (Court Witness) CW-1
    Jinaram Amsi, CW-2 Lokhim Maslai, CW-3 Shankar Methi and CW-4 Homen
    Mithi.

    6. Thus, the present case has to be decided on the basis of the evidence
    given by 8 Prosecution witnesses and the 4 Court witnesses, relating to the
    death of the Gaonburah and the two daughters of the appellant, who have all
    been apparently killed by the appellant, besides the appellant setting fire to a
    number of houses and a school in the village.

    7. The case of the appellant is to the effect that though the appellant
    had pleaded guilty to the charges under Sections 302/324/436 IPC for killing the
    Gaonburah and the appellant’s own two daughters, besides setting fire to
    houses and the primary school building of the village during framing of charge,
    the learned Trial Court recorded the evidence of the witnesses, thereby making
    the admission of guilt by the appellant during framing of charge no longer
    useable, as the basis for coming to a finding that the appellant was guilty of the
    offences against which he was charged at the end of trial. Further, though the
    appellant had made a confessional statement under Section 164 Cr.P.C, the
    same not having been done by the Recording Magistrate, by taking into account
    the safeguards provided under Section 164 Cr.P.C, prior to recording the
    Page No.# 5/19

    statement of the appellant under Section 164 Cr.P.C, the same could not be
    used as substantive evidence for convicting the appellant. The appellant’s
    further case is also to the effect that though the appellant in his examination
    under Section 313 Cr.P.C, had admitted to killing the Gaonburah and his two
    daughters, besides burning dwelling houses and the primary school building of
    the village, the explanation of the accused under Section 313 Cr.P.C could not be
    used as substantive evidence for convicting the appellant.

    8. The learned counsel for the appellant submits that as there is no
    evidence recorded by the learned Trial Court, proving the guilt of the appellant
    in the killing of the Gaonburah and the appellant’s own two daughters, the
    conviction and sentence of the appellant on the above three charges should be
    set aside.

    9. The learned Addl. Public Prosecutor, on the other hand, submits that
    the appellant having admitted to his guilt during framing of charge, his
    confessional statement under section 164 Cr.P.C and his admission of his guilt
    during his examination under Section 313 Cr.P.C, clearly proves that there was
    no infirmity with the conviction of the appellant for having murdered the
    Gaonburah and his own two daughters. The learned Addl. Public Prosecutor also
    submits that the evidence of CW-1, shows that CW-1 was an eyewitness to the
    appellant hitting the head of his father (Gaonburah) with a dao, which caused
    the head of the Gaonburah to split into two. Further, CW-1 was the youngest
    son, out of the 3 sons of the deceased Gaonburah, who had seen the incident.
    The learned Addl. Public Prosecutor also submits that though the Section 164
    Cr.P.C confessional statement of the appellant speaks of the appellant hacking
    Page No.# 6/19

    the Gaonburah and his daughter with a dao, the daughter mentioned therein
    has to be construed to be the two daughters of the appellant, inasmuch as, the
    Gaonburah did not have any daughter. Further, the appellant believed his two
    daughters to be the illegitimate daughters of the Gaonburah, due to the
    appellant stating in his confessional statement that he had seen the Gaonburah
    having sexual intercourse with the appellant’s wife. The learned Addl. Public
    Prosecutor submits that the facts of the case, as a whole, shows that it was the
    appellant who was guilty of having killed the Gaonburah and his own two
    daughters, besides setting fire to houses and the primary school building of the
    village. As such, there was no infirmity with the conviction of the appellant by
    the learned Trial Court.

    10. We have heard the learned counsels for the parties.

    11. As can be seen from the records, the learned Trial Court had examined
    8(eight) Prosecution witnesses and 4(four) Court Witnesses.

    12. The first issue to be decided is whether the appellant had, during
    framing of charge, admitted to the charge of having killed the Gaonburah and
    his own two daughters, besides burning houses and the primary school building
    of the village. It is seen that the Learned Trial Court has recorded that the
    appellant had pleaded guilty to the same. However, the learned Trial Court has
    not recorded the exact statement made by the appellant, except stating that he
    pleaded guilty. In any event, it is not disputed by the appellant that he had
    admitted his guilt before the learned Trial Court at the time of framing of
    charge.

    Page No.# 7/19

    13. The contents of the confessional statement made by the appellant
    under Section 164 Cr.P.C is to the following effect-

    “My name is Sibeswar Maslai. The name of my village is Tapsal. I always
    offer prayers in the Kali temple in my house. Two persons, who reside a
    little away from my house, threw blood of black cow in my Kali temple. I
    was told about it by a neighbouring woman who is older than me (Here
    addresses as ‘Baideu’). Thereafter I went mad/insane and hacked the
    aforementioned woman. The Gaonburha (Village head) of our village
    hatched a conspiracy with the said two persons and committed this evil
    deed in my temple. Therefore, going to the house of our Gaonburha
    (Village head), I took a dao from his house and hacked him and his
    daughter with that dao. Then I tried to commit suicide by cutting my
    neck. On a day I saw the Gaonburha having sexual intercourse with my
    wife on bed. I have this much to say.”

    A perusal of the above clearly shows that nowhere has the appellant
    confessed to having killed his two daughters. Surprisingly, the Officer who had
    recorded the appellant’s statement under Section 164 Cr.P.C has, in his
    evidence, stated that the appellant had confessed to killing the Gaonburah and
    his (appellant’s) two daughters, namely, Smt. Jun Maslai and Manjula Maslai.
    However, as can be seen from the above confessional statement, no such
    confession has been made by the appellant. The appellant has however
    admitted to hacking the Gaonburah and his daughter, which could be implied to
    be the appellant’s own daughter.

    14. As stated earlier, during the present appeal proceedings, this Court,
    vide order dated 01/08/2024, had directed that additional evidence should be
    taken by the learned Trial Court in terms of Section 391 Cr.P.C, as some injured
    Page No.# 8/19

    witnesses to the crime had not been examined. Pursuant to the direction passed
    by this Court, vide order dated 01/08/2024, the learned Trial Court examined
    the four Court witnesses :-

    “CW-1- Shri Jinaram Amsi

    CW-2- Sri Lokhim Maslai

    CW-3- Shri Shankar Methi

    CW-4- Shri Homen Mithi”

    15. Paragraph 25 of the impugned judgment of the learned Trial Court is to
    the effect that the appellant, in his confessional statement, had stated that he
    had attacked the deceased Talibor Amsi with a dao on his head, as a result of
    which he died and that he had killed his own daughters, namely Junu Maslai
    and Manjula Maslai, by causing injuries with a dao. This observation/finding
    made by the learned Trial Court with regard to the appellant stating that he had
    killed his own daughters has been deduced from the appellant’s statement
    made under section 164 Cr.P.C. The reference to the word “daughter” in the
    appellant’s statement made under Section 164 Cr.P.C has been implied to mean
    the appellant’s daughter, inasmuch as, the appellant had stated that he had
    seen the Gaonburah having sexual intercourse with his wife. Thus, he believed
    his own daughters to be the daughters of the Gaonburah. However, as we
    cannot put words into the statement of the appellant under Section 164 Cr.P.C
    which are not there, it would not be safe to conclude that the appellant’s
    statement under section 164 Cr.P.C amounted to the appellant confessing to
    killing his two daughters, though the implication appears to be present.

    Page No.# 9/19

    16. As stated earlier, there is no denial with the fact that the appellant had
    admitted to killing the Gaonburah and his two daughters during framing of
    charge and with the killing of the Gaonburah in his Section 164 Cr.P.C
    statement. There is also an admission made by the appellant in his examination
    under Section 313 Cr.P.C that he had killed the Gaonburah and his own two
    daughters. The admission made by the appellant in his examination under
    Section 313 Cr.P.C thus corroborates his admission of guilt before the learned
    Trial Court, during framing of charge, that he had killed the Gaonburah and his
    two daughters.

    17. A perusal of the evidence of CW-1, who is the son of the deceased
    Gaonburah, is to the effect that he saw the appellant hitting his father’s head
    with a dao, which split the head of his father into two. There is no evidence
    given by any of the Prosecution Witnesses or Court Witnesses, stating that they
    had seen the appellant killing his two daughters.

    18. The evidence of Anupam Deka, ACS, is to the effect that he had
    recorded the confessional statement of the appellant under Section 164 Cr.P.C.
    He had asked the appellant whether he would confess to his guilt, to which the
    appellant agreed. Anupam Deka also informed the appellant that he was a
    Magistrate and not a Police Officer and that he was not compelled to confess his
    guilt. He also asked the appellant as to whether he would give his confessional
    statement voluntarily and that the same could be used against him. The
    appellant had agreed to the same. Thereafter, Mr. Anupam Deka gave reflection
    time to the appellant. The appellant was thereafter asked again whether he
    would give his confessional statement voluntarily, to which he gave a positive
    answer. The confessional statement was thereafter recorded under Section 164
    Page No.# 10/19

    Cr.PC in the vernacular. In his confessional statement, the appellant stated that
    he had killed Talbor Amsi (Gaonburah), by hitting his head with a dao and that
    he had also killed his daughters with a dao. In addition to the above, the
    appellant had also stated that he attacked Smt. Naldai Amsi and Jinaram Amsai.
    Thereafter the appellant had put his thumb impression on the form where his
    statement was recorded.

    19. The evidence of Mr. Dulen Ch. Deka, the Deputy S.P., Kamrup (City),
    Guwahati, is to the effect on hearing the news about the incident, he went to
    the village, where he saw the dead body of the Gaonburah and conducted
    inquest over the same. Dulen Ch. Deka also came to know that the two minor
    daughters of the appellant were killed by the appellant, which were lying 25
    yards away from the house of the Gaonburah. Rakesh Kumar also came to know
    that the appellant had been tied with a rope by the villagers. He untied the
    appellant and took him into custody. He also stated that the appellant gave his
    confessional statement and on finding that the appellant had burnt about 10
    houses including his own house, he submitted the charge sheet against the
    appellant.

    20. The evidence of Dr. Rekha Bhuyan, who was working in Jagiroad, Nakhola
    Subsidiary Health Centre as Medical and Health Officer-1, is to the effect that
    she had examined 5 persons who had simple injuries on their persons.

    21. The evidence of Dr. Ratul Thakur, is to the effect that he conducted post-
    mortem examination over the body of Manjuli Maslai, Jun Maslai and Talbor
    Amsi.

    Page No.# 11/19

    The Post-Mortem report of Manjuli Maslai (appellant’s daughter) is to the
    effect that there was one sharp cut wound noticed over the front of upper part
    of neck about 4″ and transverse deep to cut open the larynx. Both the carotid
    sheath are transected at the wound. The neck wound was ante mortem in
    nature and caused by sharp cutting weapon. Further, in the opinion of the
    Doctor, death was due to severe hemorrhagic shock and laryngeal injury.

    The post-mortem report of Jun Maslai (appellant’s daughter) is to the
    effect that one transverse sharp cut could be seen along the upper part of front
    of neck about 4″ long. The cut deepens to cut the larynx completely. The carotid
    vessels on both sides were also completely transected. The more detailed
    description of injury shows that there was a sharp cut over the front of the
    neck, which transected the larynx and the carotid vessels leading to severe
    haemorrhage and shock. In the opinion of the Doctor, death was due to the
    combined effect of hemorrhagic shock and wind pipe injury.

    The Post Mortem report of the Gaonburah Talbor Amsi, is to the effect that
    there was one longitudinal sharp cut wound over the vertex of skull about 5 inch
    long (anteroposterior) of Talbor Amsi. The injury on the cranium and spinal
    canal were as follows :

    “Scalp, skull vertebrae, membrane, Brain and spinal cord _ Scalp wound
    as described. The skull along the wound is fractured (cut through both
    tables). The cut on deeper aspect extends to membranes and then to
    substance of brain which is protapscal. The cranial cavity is partially empty
    due to loss of brain matter.”

    Page No.# 12/19

    The head injury was caused by a sharp weapon and was ante mortem in
    nature. In his view, death was caused by sharp cut injury to the skull and due to
    serious brain injury.

    22. The evidence of Sri Pilon Mithi, is to the effect that the Gaonburah was
    killed by the appellant. He further stated that while cutting bamboo along with
    co-villagers, the wife of Sibeswar Maslai (Bhanu Maslai) came running and told
    them that their house was burning and that a man had been killed. She then
    told them that the appellant had cut the Gaonburah and his elder sister, besides
    the appellant’s own two daughters. He was told that the appellant had cut
    Noldoi Amsi and Jinaram Amsi, whom they saw lying injured in the courtyard of
    the Gaonburah. He also saw the dead bodies of the two daughters of the
    appellant lying in the paddy field near the house of the Gaonburah. The witness
    Pilon Mithi further stated that the appellant had set fire to his house and the
    houses of his co-villagers Ramesh, Homen Mithi, Sankar Mithi, Lakhim Maslai
    and a school building. He also stated that the appellant had also set fire to his
    own house. They later found the appellant inside the house of Ramesh. The
    appellant was thereafter tied with a rope against a half-burnt post at around 5
    pm. The police were informed and on the Police arriving, the appellant was
    handed over to them. The witness Pilon Mithi further stated that he filed the
    FIR.

    23. The evidence of Birbal Maslai is to the effect that he did not see the
    incident. However, he came to know from the village children that the appellant
    had hacked the Gaonburah and his two daughters with a dao, besides injuring
    Noldoi and Jinaram Amsi. The dao was recovered by the villagers, though he did
    not see it in the Court.

    Page No.# 13/19

    24. The evidence of Fibi Sing Mithi, is to the effect that the wife of Sibeshwar
    Maslai, namely Bhanu Maslai, told him and others that the appellant had cut her
    brother Talbor Amsi and the Gaonburah’s elder sister and son, namely Naldoi
    Maslai and Jinaram Amsi respectively, besides his own two daughters. On
    rushing to the house of Talbor Amsi they saw the dead body of Talbor Amsi with
    cut injuries on his head. They also saw Jinaram Amsi and Noldoi Maslai with
    injuries, lying in the courtyard of Talbor Amsi. He also saw the dead bodies of
    the two daughters of the appellant lying near a stream. Fibi Singh Mithi further
    stated that he came to know from the wife of the appellant that the appellant
    had chased his two daughters and hacked them with a knife causing death. The
    appellant had also set fire to his own house and the houses of Pilon Mithi,
    Ramesh Amsi, Bipul Maslai, Arjun Maslai, Homen Maslai, Sankar Mithi and the
    school building of their village. The appellant was then found lying on a jute bag
    inside the burnt house of Ramesh Amsi. He was then tied up by the villagers
    with a rope onto a half burnt post. When the police arrived, the appellant was
    handed over to the police. Fibi Singh Mithi stated that he did not see the
    incident.

    25. The evidence of Ramesh Amsi, is to the effect that he did not see incident
    though he heard from others, namely the wife of the appellant, that the
    appellant had killed the Gaonburah and his own two daughters with a dao.

    26. The examination of the appellant under Section 313 Cr.P.C shows that he
    has admitted to killing the Gaonburah and his two daughters. He has also
    admitted to causing voluntary hurt to Noldoi Maslai and Jinaram Amsi. He has
    also admitted to setting fire to some houses. On being asked as to whether he
    had pleaded guilty at the time of framing of charge under Section 302/324/436
    Page No.# 14/19

    IPC and whether the same was done voluntarily, the appellant stated that he
    had pleaded guilty voluntarily. When asked as to whether he had anything more
    to say relating to the present case, the appellant in his examination under
    Section 313 Cr.P.C stated as follows:

    “Ans : – I have something to say. Prior to the day of incident, a case of
    theft look place at my house. I called on Talbor Amsi since he is
    Gaonburah and requested him hold ‘bichar’ but he did not pay any heed
    to my request. Moreover, the said Talbor Amsi and some other villagers
    did not like me and my family. They even tortured me and my other family
    members both physically and mentally. For these hidden tragedies, my
    mind and brain became upset and being beyond control, I committed the
    offence as described to me today. Now, I am repenting for my said act”

    27. In the case of Jai Prakash Tiwari vs. State of Madhya Pradesh ,
    reported in 2022 SCC OnLine SC 966, the Supreme Court has held that the
    purpose of Section 313 Cr.P.C is to provide the accused a reasonable opportunity
    to explain the adverse circumstances that have emerged against him during the
    course of trial. Further, when an accused sets up a defence and offers an
    explanation, the accused is not required to prove his defence beyond a
    reasonable doubt, but only by preponderance of probabilities.

    28. In the case of Parminder Kaur vs. State of Punjab , reported in
    (2020) 8 SCC 811, the Supreme Court held that once a plausible version has
    been put forth in defence during examination under Section 313 Cr.P.C, then it is
    for the prosecution to negate such a defence plea.

    29. What can be gathered from the above decisions of the Supreme Court, is
    that an accused has to be informed of the adverse evidence recorded against
    Page No.# 15/19

    him, to provide a reasonable opportunity to the accused to explain the same.
    Thereafter, it is the duty of the Court to consider the explanation given by the
    accused, whether it creates a doubt by way of preponderance of probability or
    whether it corroborates the evidence adduced against him.

    30. As can be seen from the above facts, the appellant had admitted his guilt
    in killing the Gaonburah and his two daughters, besides burning houses and the
    school in his village during framing of charge under Section 302/324/436 IPC.
    He has also admitted in his statement made under Section 164 Cr.P.C that he
    had killed the Gaonburah and his daughter. The statement made by the
    appellant under Section 164 Cr.P.C cannot be considered to mean that he had
    admitted to killing his two daughters in the absence of any clarification as to
    whether he had killed his two daughters. However the appellant in his
    examination under Section 313 Cr.P.C has admitted to killing the Gaonburah and
    his daughter, besides injuring two other persons and setting fire to houses and
    the school in his village. The evidence of CW-1, who is the eyewitness to the
    crime, shows that he had had seen the appellant hitting the head of the
    Gaonburah with a dao. In fact, CW-1 (Jinaram Amsi) is an injured eyewitness
    and as such there is nothing to doubt his evidence. CW-2, 3 and 4 did not see
    the incident though they saw the burning houses.

    31. In the case of Shahaja @ Shahajan Ismail Mohd. Shaikh vs. State
    of Maharashtra
    , reported in 2022 LiveLaw (SC) 596, the Supreme Court
    has held that the appreciation of ocular evidence is a hard task and there is no
    fixed or strait-jacket formula for appreciation of ocular evidence. The Supreme
    Court then enumerated various judicially evolved principles for appreciation of
    ocular evidence, one of them being that while appreciating the evidence of a
    Page No.# 16/19

    witness, the approach must be whether the evidence of the witness read as a
    whole appears to have a ring of truth. Once that impression is formed, it is
    necessary for the Court to scrutinize the evidence, more particularly keeping in
    view the deficiencies, drawbacks and infirmities pointed out in the evidence as a
    whole and evaluate them to find out whether it is against the general tenor of
    the evidence given by the witness and whether the same is shaken, as to render
    it unworthy of belief. In the present case, there is nothing to shake the ring of
    truth surrounding the evidence given by CW-1. Further, the appellant has also
    not confronted CW-1 during cross-examination, with regard to any alleged
    deficiencies, drawbacks and infirmities in the evidence adduced by him. Further,
    CW-1 is an injured witness, whose evidence sets a higher pedestal than an
    ordinary witness.

    32. In the case of Ravasaheb @ Ravasahebgouda etc. vs. State of
    Karnataka, reported in 2023 LiveLaw (SC) 225, the Supreme Court held
    that that it did not find favour with the submissions of the counsel appearing for
    the accused persons, that conviction based on the solitary evidence was not
    justified, especially when there was no vagueness in the testimony of the
    solitary witness. Keeping the above two judgments in view, we do not find any
    ground to doubt the conviction of the appellant by the learned Trial Court in the
    killing of the Gaonburah, as the evidence of CW-1 is not shaken and which we
    find to be worthy of belief.

    33. The learned counsel for the appellant has made a submission that when
    the Trial Court had continued with the trial by recording the evidence of the
    witnesses, instead of convicting the appellant, after he had admitted to his guilt
    during the framing of charge, the same amounted to the Trial Court not being
    Page No.# 17/19

    convinced about the guilt of the appellant. We do not accept the said
    submission and view of the learned counsel for the appellant, inasmuch as, the
    learned Trial Court has recorded the appellant’s plea of guilt during the stage of
    framing of charge and the subsequent trial proceedings has only been made to
    be doubly sure of the guilt of the appellant.

    34. Section 229 Cr.P.C provides that if the accused pleads guilty during
    framing of charge, the Judge shall record the plea and may, in his discretion,
    convict him thereon. The above provision nowhere provides that if a trial is held
    despite pleading guilty, the same implied that the Sessions Court was not
    convinced of the guilt of the accused. The said assumption could only be made
    if the Trial Court did not record the plea of guilt of the accused. However, in the
    present case, the learned Trial Court has recorded the plea of guilt of the
    accused and as such, it cannot be said that his plea of guilt cannot be
    considered, along with the other evidence by the learned Trial Court, in coming
    to a finding as to whether the appellant was guilty of having committed the
    offence in terms of the charges framed against him.

    35. One other aspect of the matter which needs to be decided, is whether the
    safeguards required to be taken by the learned Recording Magistrate recording
    the confessional statement of an accused under Section 164 Cr.P.C and the rules
    made by the concerned High Court, had been taken.

    36. In the case of Shivappa vs. State of Karnataka, reported in (1995) 2
    SCC 76,, the Supreme Court has held that the statutory provisions dealing with
    the recording of confessional statements by Metropolitan Magistrates and
    Judicial Magistrates are contained in Section 164 Cr.P.C and the rules framed by
    Page No.# 18/19

    the concerned High Courts containing guidelines for recording of confessions.
    Unless the Court is satisfied that the confession is voluntary in nature, it cannot
    be acted upon and no further enquiry as to whether it is true and trustworthy
    need to be made.

    37. In the present case, the appellant had been asked twice as to whether his
    confession was going to be voluntary, to which he replied in the positive.
    Reflection time was also given to the appellant, besides other questions being
    asked from the appellant. The question that remains to be seen is whether the
    safeguards provided under Section 164 Cr.P.C and as per the concerned High
    Court Rules had been met by the Officer, recording the confessional statement
    of the appellant, prior to recording the confessional statement. Confessional
    statements are recorded under Section 164 Cr.P.C in the Gauhati High Court in
    terms of the Gauhati High Court Criminal Rules and Orders, Form No. (M) 34 as
    per the notification issued by the Gauhati High Court in the year 2006. On
    perusing the contents of the Form No. (M) 34 used for recording the
    confessional statement of the appellant, we find that the requirements prior to
    recording the confessional statement of the appellant in terms of Form No. (M)
    34 have been met. As such, we are of the view that the confessional statement
    of the appellant under Section 164 Cr.P.C does not suffer from any infirmity and
    can be acted upon. We accordingly find that the Prosecution has been able to
    prove the guilt of the appellant beyond all reasonable doubt under Section 302
    and 436 IPC

    38. In view of the reasons stated above, we do not find any ground to
    interfere with the learned Trial Court convicting the appellant under Section 302
    and 436 IPC.

    Page No.# 19/19

    39. The appeal is accordingly dismissed.

    40. Send back the TCR.

    41. In appreciation of the assistance provided by learned Amicus Curiae for
    the appellant, his fees should be paid by the High Court Legal Services
    Committee.

                                      JUDGE                     JUDGE
    
    
    
    
    Comparing Assistant
    
    
    
    
                                                 Kuntal Digitally signed
                                                        by Kuntal Datta
    
                                                 Datta Date:  2026.07.24
                                                        10:59:57 +05'30'
     



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