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SUMAN SHYAM, MALASRI NANDI
Md. Safique Uddin @ Safiqur Rahman S/o Late Mustafa Uddin – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
SUMAN SHYAM, J.
1. Heard Mr. A.M. Bora, learned Sr. counsel assisted by Mr. D.P. Bora, learned counsel for the appellants in Crl. Appeal No. 200/2017, Mr. K. Goswami, learned Sr. counsel appearing as amicus curiae in Crl. A. (J) No. 49/2017 and Dr. B. Ahmed, learned counsel appearing on behalf of the appellants in Crl. Appeal No. 174/2017. Ms. S. Jahan, learned Addl. P.P. Assam has appeared on behalf of the State in all the aforesaid appeals.
2. The Crl. Appeal No. 174/2017 has been preferred by the accused/appellants, viz. (i) Md. Safique Uddin @ Safiqur Rahman, (ii) Nijam Uddin, (iii) Md. Noor Uddin, (iv) Jamir Uddin and (v) Md. Azizur Rahman. Crl. Appeal No. 200/2017 has been preferred by the accused/appellants, viz. (i) Md. Abdul Matlib, (ii) Jain Uddin and (iii) Safique Uddin and Crl. Appeal (J) No. 4/2017 has been preferred by the accused/appellants, viz. (i) Anowar Ali and (ii) Abdul Salam.
3. The prosecution case, in brief, is that on 23-04-2011, at about 10:40 p.m. the accused persons, in a body, armed with lethal weapons such as spears, gun etc. attacked the deceased with sharp weapons and also fired gunshot resulting into grievous injury on the body of the decease
Point of Law : Sometimes witnesses do exaggerate but the evidence of such witnesses need not be discarded on account of embellishments if it is corroborated on material aspect by other evidence on re....
The prosecution failed to prove the charges of murder and unlawful assembly beyond reasonable doubt due to unreliable witness testimonies and lack of corroborative evidence.
The testimonies of interested witnesses should be analyzed with caution for credibility, and minor discrepancies in the testimonies were natural given the time lapse since the incident.
Point of Law : When there are eyewitnesses to prove the charge, failure on the part of the prosecution to establish every link in the chain of circumstance would become irrelevant.
Once prosecution has brought home evidence of presence of accused at scene of crime, then onus stood shifted on defence to explain as to what had brought them to place of occurrence.
Omissions in the statements of prosecution witnesses to the investigating officer, which are significant and relevant to the case, can amount to material contradictions that affect the credibility of....
The testimony of the witnesses was found to be reliable and trustworthy, and the medical evidence corroborated the ocular testimony, leading to the affirmation of the judgment and order of conviction....
Under Section 145 of Evidence Act when it is intended to contradict witness by his previous statement reduced into writing, attention of such witness must be called to those parts of it which are to ....
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