Police Officer's Testimony Considered Sufficient for Conviction Despite Absence of Independent Witnesses
In a significant judgment, the Gauhati High Court has upheld the conviction of Modon Urang, who was accused of murdering his wife, by affirming the decision of the Additional Sessions Judge in Dibrugarh. The court, comprising Justices Michael Zothankhuma and Rajesh Mazumdar, delivered the verdict on May 8, 2026, confirming the life imprisonment sentence for the appellant under Section 302 of the Indian Penal Code (IPC).
The case revolved around the incident that took place on September 16, 2017, where the accused, Modon Urang, allegedly hacked his wife to death with a dao. The prosecution's case was primarily built on the testimony of a police officer, ASI Dilip Gogoi (PW-5), who was the sole eyewitness to the crime. Despite the absence of independent witnesses, the court found the police officer's testimony reliable and credible enough to sustain the conviction.
The defense argued that the lack of independent witnesses and the failure to send the weapon for forensic examination weakened the prosecution's case. However, the court dismissed these contentions, noting that the evidence of a police officer could be sufficient if deemed trustworthy. The court also pointed out that the testimony of chance witnesses, if credible, is admissible and can form the basis of conviction.
The judgment also addressed the procedural aspects raised by the appellant, including the non-reduction of statements under Section 161 of the Criminal Procedure Code (CrPC) into writing. The court clarified that the provisions do not mandate such reduction in writing, thus maintaining the integrity of the trial proceedings.
In addition to upholding the conviction, the court recommended that the three children of the deceased and the appellant, who are deaf and dumb, be considered for benefits under the Victim Compensation Scheme as per Section 357A of the CrPC. The court directed the Assam State Legal Services Authority to ensure appropriate support measures for the children's welfare.
This judgment underscores the judiciary's reliance on credible testimonies, even from police officers, in the absence of independent witnesses, and highlights the court's commitment to ensuring justice for vulnerable victims and their families.
Bottom line:-
Conviction under Section 302 IPC upheld. Testimony of a police officer, if reliable and credible, can form the basis of conviction even in the absence of independent witnesses. The evidence of a chance witness is admissible if credible.
Statutory provision(s): Section 302 IPC, Section 161 CrPC, Section 162 CrPC, Section 357A CrPC
Modon Urang v. State of Assam, (Gauhati)(DB) : Law Finder Doc id # 2894822
