Back
MANISH CHOUDHURY, ROBIN PHUKAN
Sankar Bakti, S/o. Late Chusra Bakti – Appellant
Versus
State of Assam, represented by Public Prosecutor – Respondent
JUDGMENT :
(M. Choudhury, J.)
The instant criminal appeal under Section 374[2], Code of Criminal Procedure, 1973 [‘the CrPC’ or ‘the Code’, for short] is directed against a Judgment and Order dated 17.12.2019 passed by the Court of learned Additional Sessions Judge, Charaideo, Sonari in Sessions [CHA] Case no. 18 of 2018. By the Judgment and Order dated 17.12.2019, the accused-appellant has been convicted under Section 302, Indian Penal Code [‘IPC’ or ‘Penal Code’, for short] and he has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/-, in default of payment of fine, to undergo simple imprisonment for another month. The accused-appellant has also been convicted under Section 447, IPC and he has been sentenced to undergo simple imprisonment for one month.
2. The investigation was set into motion on institution of a First Information Report [FIR] before the Officer In-Charge, Kakotibari Police Station by the informant-P.W.1, Bijay Tanti on 12.12.2017. In the FIR, the informant-P.W.1 reported that at around 06-00 p.m. on 12.12.2017, the accused came to his house and started hurling abuses using filthy language without any reason. At about 07-00 p.m. on t
The court affirmed the conviction for murder, establishing that the accused's actions demonstrated intent to kill, supported by credible eyewitness and medical evidence.
The court determined that the accused's actions constituted culpable homicide not amounting to murder due to the absence of premeditation and the nature of the altercation, altering the conviction fr....
The main legal point established in the judgment is the importance of intention and knowledge in determining the offence under Section 307 IPC, the principles of vicarious liability under Section 34 ....
The court ruled that solitary eyewitness testimony can suffice for conviction in murder cases, especially when corroborated by medical evidence. The culpable act did not fall under provocation except....
The Court upheld the life imprisonment conviction under Section 302 IPC, affirming the case as murder due to the absence of sudden provocation and corroborative evidence supporting the eyewitness's t....
The main legal point established in the judgment is that the testimony of witnesses, even if related to the deceased, should not be automatically discarded, and minor discrepancies in the evidence sh....
The court affirmed the conviction for murder under Section 302 IPC, highlighting that the accused acted with sufficient intent, despite claims of provocation, based on consistent eyewitness testimoni....
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
