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MICHAEL ZOTHANKHUMA, MALASRI NANDI
Mustt Monowara Begum W/o Late Badar Uddin – Appellant
Versus
Md. Moinul Haque S/o Late Abdul Latif – Respondent
Headnote: Read headnote
JUDGMENT :
MALASRI NANDI, J.
1. Heard Mr. T.U. Laskar, learned counsel for the appellant. Also heard Ms. S. Jahan, learned Additional Public Prosecutor, Assam appearing for the State respondent No. 9 and Mr. A.S. Tapader, learned counsel for the respondent Nos. 1 to 8.
2. This appeal has been preferred by the informant against the judgment and order dated 26.11.2018 passed by the learned Sessions Judge, Karimganj in Sessions Case No. 30/2015, whereby the learned trial court had acquitted the respondent Nos. 1 to 8 from the charges framed under Sections 147 /341/302/201 IPC.
3. The brief facts of the case is that the inf
The appellate court emphasized that eyewitness accounts must be given due weight, and mere flaws in investigation do not automatically discount credible testimonies in murder trials.
The evidentiary value of hostile witnesses can support the prosecution case if found credible, notwithstanding the non-recovery of weapons or procedural lapses.
Though test identification parade is not a substantive piece of evidence, at times, it adds strength to case of prosecution by giving more credibility to statements of eye witnesses which is grossly ....
The burden of proof rests on the prosecution to establish guilt beyond a reasonable doubt, and contradictions in eyewitness testimonies may result in acquittal.
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.
Eyewitness testimony from injured relatives is credible and can support a conviction, provided it is consistent and corroborated by medical evidence.
The main legal point established in the judgment is the requirement of proving guilt beyond reasonable doubt in criminal cases, and the importance of credible and consistent witness testimonies.
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