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SUMAN SHYAM, MRIDUL KUMAR KALITA
Zakir Hussain S/o Late Khoksed Sk. – Appellant
Versus
State Of Assam – Respondent
| Table of Content |
|---|
| 1. conviction details including charged sections. (Para 2) |
| 2. factual background of the incident. (Para 3 , 5 , 11) |
| 3. arguments on procedural issues and fir validity. (Para 32 , 33 , 34) |
| 4. arguments regarding fir and eyewitness reliability. (Para 38) |
| 5. court's reasoning on common intention and applicability of sections. (Para 40) |
| 6. legal principles regarding charges and convictions. (Para 46 , 48 , 51) |
| 7. final determination and sentencing. (Para 59 , 60) |
JUDGMENT :
Mridul Kumar Kalita, J.
1. Heard Mr. Z. Kamar, learned Senior Counsel, assisted by Mr. A. Rahman, learned counsel for the appellants. Also heard Ms. B. Bhuyan, learned Senior Counsel-cum-Additional Public Prosecutor, Assam, assisted by Ms. P. Bora, learned counsel appearing for the State of Assam.
2. This appeal under Section 374(2) of the Code of Criminal Procedure, 1973 has been preferred by the appellants, namely, 1. Zakir Hussain, 2. Sopior Rahman and 3. Soleman Seikh impugning the Judgment and Order dated 16.09.2019 passed by the learned Additional Sessions Judge, Bilasipara in Sessions Case No. 30/2014 whereby, the appellants were convicted under Section 448 of the INDIAN PENAL CODE and were sentenced
The court confirmed that related eyewitnesses can provide reliable testimony in murder cases when corroborated by medical evidence, emphasizing that evidence must be assessed for credibility rather t....
The prosecution must establish a common object for unlawful assembly under Section 149 IPC; absence of motive and specific allegations can lead to acquittal.
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