Back
MICHAEL ZOTHANKHUMA, MITALI THAKURIA
Prabitra Das – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
MICHAEL ZOTHANKHUMA, J.
1. Heard Mr. S. Borgohain, learned counsel for the appellants. Also heard Ms. B. Bhuyan, learned Additional Public Prosecutor appearing for the State respondent.
2. The appeal has been filed against the impugned judgment dated 12.06.2015, passed by the learned Sessions Judge, Golaghat in Sessions Case No. 139/2003, by which the two appellants have been convicted under Sections 302/34 IPC and have been sentenced to undergo imprisonment for life with a fine of Rs. 5,000/- each, in default simple imprisonment for 2 (two) months. They were also convicted and sentenced to undergo simple imprisonment for a period of 1 (one) month under Sections 323/34 IPC and simple imprisonment for 15 (fifteen) days under Sections 341/34 IPC.
3. The brief facts of the case is that the two appellants in this case and one Pranabjyoti Das had been convicted under Sections 341/323/302/34 IPC vide judgment dated 27.02.2007, passed by the learned Sessions Judge, Golaghat in Sessions Case No. 139/2003.
4. The appellants and Pranabjyoti Das thereafter filed Criminal Appeal No. 76/2007 before this Court. Criminal Appeal No. 76/2007, which was disposed of vide order dated 05.12.2012,
The examination of the accused under Section 313 of the Cr.P.C is not a mere formality and incriminating circumstances must be asked to the accused. The accused's opportunity to explain incriminating....
The main legal point established in the judgment is the importance of properly examining the accused under Section 313 of the CrPC to allow them to explain any circumstances appearing in the evidence....
(1) Where all incriminating evidence are not put to notice of appellants, there is clear breach of Section 313 Cr.P.C. as well as principle of audi alteram partem.(2) Claim of juvenility could be rai....
The judgment emphasizes the necessity of individual examination of accused under Section 313 Cr.P.C. to ensure fair trial rights, and procedural defects can lead to acquittal if they cause prejudice.
(1) Court must ordinarily eschew material circumstances not put to accused from consideration while dealing with case of particular accused.(2) Examination of accused – Court is empowered to take hel....
The power under Section 311 CrPC is to be exercised judicially and not capriciously or arbitrarily, and only when the evidence sought to be obtained is essential to a just decision of the case.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
