DINESH MAHESHWARI, ANIRUDDHA BOSE
Md. Anowar Hussain – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
DINESH MAHESHWARI, J.
| Table of Contents |
| Preliminary and brief outline |
| Relevant factual and background aspects |
| Prosecution Evidence |
| Stand of the appellant |
| Trial Court found the appellant guilty and awarded life imprisonment |
| High Court dismissed the appeal filed by the appellant |
| Rival Submissions |
| The scope and width of these appeals |
| The principles applicable to this case |
| Concurrent findings do not call for interference in this case |
Preliminary and brief outline
1. This appeal is directed against the judgment and order dated 19.08.2016 in Criminal Appeal No. 100 (J) of 2013, whereby the Gauhati High Court dismissed the appeal against the judgment and order dated 18.07.2013/25.07.2013, as passed by the Court of Sessions, Goalpara in Sessions Case No. 96 of 2012, whereby the appellant was held guilty of the offence under Section 302 of the Indian Penal Code, 18601 [‘IPC’ for short] and was awarded the punishment of imprisonment for life and fine of Rs. 5,000/- with default stipulations.
2. Before dealing with the matter in nec
Trimukh Maroti Kirkan v. State of Maharashtra: (2006) 10 SCC 681 – Referred [Para 8.2]
Sharad Birdhichand Sarda v. State of Maharashtra
Balaji Gunthu Dhule v. State of Maharashtra
Nagendra Sah v. State of Bihar: (2021) 10 SCC 725 – Relied [Para 9.5]
Shivaji Chintappa Patil v. State of Maharashtra: (2021) 3 SCALE 384 – Relied [Para 9.6]
Satye Singh & Anr. v. State of Uttarakhand: (2022) 3 SCALE 534 – Relied [Para 9.6]
Anwar Ali and Anr. v. State of Himachal Pradesh
Jose Alias Pappachan v. Sub-Inspector of Police
Sarwan Singh v. State of Punjab: AIR 1957 SC 637 – Referred [Para 9.8]
Trimuk Maroti Kirkan v. State of Maharashtra
Alber Oraon v. State of Jharkhand: (2014) 12 SCC 306 – Referred [Para 10.4]
Sudru v. State of Chhattisgarh: (2019) 8 SCC 333 – Relied [Para 10.4]
Ujjagar Singh v. State of Punjab: (2007) 13 SCC 90 – Referred [Para 10.5]
Vivek Kalra v. State of Rajasthan: (2014) 12 SCC 439 – Referred [Para 10.5]
Pappu v. The State of Uttar Pradesh: 2022 SCC OnLine SC 176 – Relied [Para 11]
Hanumant v. State of Madhya Pradesh: AIR 1952 SC 343 – Relied [Para 12.1]
Shivaji Sahabrao Bobade v. State of Maharashtra
Deonandan Mishra vs. State of Bihar, AIR 1955 SC 801 : (1955) 2 SCR 570
State of Punjab vs. Karnail Singh
Sabitri Samantaray v. State of Odisha: 2022 SCC OnLine SC 673 – Relied [Para 12.9]
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.