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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
| Table of Content |
|---|
| 1. criminal appeal filed against acquittal. (Para 1 , 2 , 3) |
| 2. details of the incident and initial investigation. (Para 4 , 5 , 6) |
| 3. arguments on witness testimonies and trial court flaws. (Para 10 , 11 , 12) |
| 4. defense claims trial court's judgment plausible. (Para 13 , 14 , 15 , 19) |
| 5. court's critique of trial court's handling of evidence. (Para 20 , 25) |
| 6. standards for evaluating appeals against acquittal. (Para 22 , 24 , 35) |
| 7. re-assessment of evidence leads to conviction. (Para 66 , 67) |
| 8. final judgment on conviction and sentencing. (Para 68 , 69 , 70) |
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 in
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