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SUMAN SHYAM, ARUN DEV CHOUDHURY
Lakshman Chauhan S/o Uja Chauhan – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Suman Shyam, J.
Heard Mr. D.K. Bhattacharyya, learned counsel appearing for the sole appellant. We have also heard Ms. S. Jahan, learned Additional Public Prosecutor, Assam appearing for the State.
2. This Criminal Appeal is directed against the judgment and order dated 21.12.2018 passed by the learned Sessions Judge, Karbi Anglong, Dipur in Sessions Case No.32/1998 convicting the present appellant and one Ram Naresh Chauhan (since deceased) for committing offences under Sections 447/302/323/34 of the Indian Penal Code (IPC) and sentencing each of them to undergo rigorous imprisonment for life for committing the offence under Section 302 IPC and to pay a fine of Rs.5000/-, in default to suffer simple imprisonment for six months; to undergo rigorous imprisonment for six months for committing the offence under Section 447 IPC and also to suffer simple imprisonment for three months for committing the offence under Section 323 IPC. The conviction of both the accused persons was with the assistance of Section 34 of the IPC.
3. The prosecution case, as unfolded from the materials on record, is to the effect that on 30.07.1995, Smti. Saraswati Devi (PW-1) i.e. the wife of the decea
The main legal point established in the judgment is the importance of collectively considering the testimonies of eye-witnesses and the admissibility of evidence in establishing guilt in a criminal c....
The sufficiency of evidence and the absence of medical reports presented during the trial were the main legal points established in the given judgment.
Conviction for murder under Section 302 established through credible eyewitness testimony and medical evidence, despite minor inconsistencies and investigation delays.
The testimony of an injured eyewitness holds high evidentiary value, and a conviction may be based on such sole testimony if found credible; minor discrepancies in medical or ocular evidence, which d....
The court established that a common intention among co-accused can lead to joint liability for murder, even if not all participants inflicted the fatal blow, provided their actions collectively demon....
The court established that the presence of credible eyewitnesses and corroborating medical evidence can sustain a conviction for murder, even in the absence of the murder weapon, and that minor discr....
The court reiterated the importance of scrutinizing testimony from interested witnesses, considering the relevance of motive in establishing guilt, and disregarding minor discrepancies in witness tes....
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