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MANISH CHOUDHURY, KAUSHIK GOSWAMI
Leben Ramchiary – Appellant
Versus
State of Assam, Represented by Public Prosecutor, Assam – Respondent
| Table of Content |
|---|
| 1. overview of criminal case facts (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. court's considerations on confessions (Para 10 , 13 , 14 , 20 , 23 , 32 , 33) |
| 3. arguments regarding evidentiary issues (Para 11 , 12) |
| 4. legal standards for evaluating child witnesses (Para 28 , 29 , 30 , 31 , 36) |
| 5. final judgment and orders on appeal (Para 39 , 41 , 42) |
| 6. final ruling and directives issued by the court. (Para 40) |
JUDGMENT :
M. Choudhury, J.
The instant criminal appeal from jail under Section 383 , Code of Criminal Procedure, 1973 [CrPC] is preferred against a Judgment and Order dated 23.09.2021 passed by the Court of learned Sessions Judge, Baksa at Mushalpur in Sessions Case no. 50 of 2020, which arose out of Mushalpur Police Station Case no. 41/2020 and corresponding PRC Case no. 834/2020. In the trial before the learned Sessions Judge, Baksa, the accused-appellant faced a charge of murder under Section 302 , INDIAN PENAL CODE [IPC] and after the trial, the learned Sessions Judge, Baksa [‘the trial court’, for short] finding the accused-appellant guilty of uxoricide for committing the murder of his wife, has convicted him under Section 300 , IPC. After hearing him on the poin
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