P.SATHASIVAM, H.L.GOKHALE
Mrinal Das – Appellant
Versus
State of Tripura – Respondent
Based on the provided legal document, the key points are as follows:
The trustworthiness of the approver's evidence is crucial; once deemed trustworthy, it must implicate the accused beyond reasonable doubt (!) (!) .
Evidence of hostile witnesses need not be rejected in its entirety; it can be relied upon for corroboration, but caution is advised, and such evidence should be considered carefully and corroborated in material particulars (!) (!) (!) .
The quality of witness evidence is more important than the quantity; multiple witnesses corroborating the same fact strengthen the case (!) (!) .
When an accused is granted pardon under relevant legal provisions, the accused ceases to be an accused and becomes a witness, with specific obligations to disclose full and true details of the offense; failure to do so can lead to the lifting of protection (!) (!) (!) (!) (!) .
The appellate court has full authority to reappraise and review evidence in appeals against acquittal, with the presumption of innocence and the requirement of reasonable doubt guiding its decision (!) (!) (!) (!) (!) .
Interference with an order of acquittal is justified only when there are compelling and substantial reasons, such as the trial court ignoring, misreading, or failing to consider material evidence, or when the order is clearly unreasonable (!) (!) .
The evidentiary value of an approver or accomplice's testimony hinges on their reliability and corroboration in material particulars; uncorroborated evidence alone is generally insufficient for conviction, especially in serious offenses (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) .
Corroboration can be in the form of independent, credible evidence that connects the accused with the crime, and it need not confirm all details but must support the core aspects of the case (!) (!) (!) (!) (!) (!) .
The presence of
JUDGMENT
P. Sathasivam, J. —
a) Criminal Appeal No. 1994 of 2009
1) This appeal is filed against the final judgment and order dated 29.01.2008 passed by the Gauhati High Court, Agartala Bench in Criminal Appeal No. 90 of 2005 whereby the Division Bench of the High Court, on an appeal filed by the State of Tripura-respondent herein, reversed the order of acquittal of the appellants herein dated 19.04.2005 passed by the Additional Sessions Judge, West Tripura, Khowai in Case S.T. No. 54(WT/K)/2002 and convicted and sentenced them to imprisonment for life under Section 302 read with Section 34 of Indian Penal Code, 1860 (hereinafter referred to as “IPC”) with a fine of Rs.3000/- each, in default, to suffer a further term of simple imprisonment for three months.
b) Criminal Appeal No.1719 of 2011
@ SLP (Crl.) 6728/2011 ( Crl. M.P.17812 of 2008)
2) The convicted accused, Tapan Das (A-5) and Gautam Das (A-11), against the same order of the High Court dated 29.01.2008 confirming their conviction under Section 302 IPC and imposing life sentence with a fine of Rs.3,000/- each, in default, to suffer simple imprisonment for three months filed this appeal by way of special leave petition with
Suresh Chandra Bahri v. State of Bihar (1995 Supp (1) SCC 80); Referred. (Para 18)
Rampal Pithwa Rahidas and Others vs. State of Maharashtra, 1994 Supp (2) SCC 73
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Narayan Chetanram Chaudhary v. State of Maharashtra, : (2000) 8 SCC 457
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Ravinder Singh v. State of Haryana, (1975) 3 SCC 742
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Chandrappa and Others vs. State of Karnataka (2007) 4 SCC 415
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Sitaram Sao @ Mungeri v State of Jharkhand, (2007) 12 SCC 630
State of Uttar Pradesh vs. Jagram and Others, (2009) 17 SCC 405
Sidhartha Vashisht alias Manu Sharma vs. State (NCT of Delhi) (2010) 6 SCC 1
Babu vs. State of Kerala, (2010) 9 SCC 189
Ganpat vs. State of Haryana and Others, (2010) 12 SCC 59
Sunil Kumar Sambhudayal Gupta (Dr.) and Others vs. State of Maharashtra, (2010) 13 SCC 657
State of Madhya Pradesh vs. Ramesh and Another, (2011) 4 SCC 786
State of Uttar Pradesh vs. Naresh and Others, (2011) 4 SCC 324
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