MANISH CHOUDHURY, KAUSHIK GOSWAMI
Bapan Dutta – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. overview of the criminal cases and convictions. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments from the defense and prosecution. (Para 11 , 12 , 13 , 14) |
| 3. court's analysis of evidence presented. (Para 15 , 17 , 21) |
| 4. court observations on the sufficiency and reliability of circumstantial evidence. (Para 42) |
| 5. application of principles of evidence and reasonable doubt. (Para 70 , 76 , 78) |
| 6. determination of the legal standards for conviction in circumstantial evidence. (Para 79) |
| 7. final judgment and orders issued by the court. (Para 80 , 81 , 82 , 83) |
JUDGMENT :
[M. Choudhury, J.]
Both these criminal appeals from Jail under Section 383 , Code of Criminal Procedure, 1973 [‘CrPC’ and/or ‘Code’] have arisen out of a common Judgment and Order dated 30.11.2021 passed by the Court of learned Sessions Judge, Udalguri in Sessions Case no. 41 of 2017. The criminal appeal, Crl. A.[J] no. 29 of 2022 is preferred by the accused-appellant, Biren Das @ Bira [hereinafter referred to as ‘A-1’, for easy reference]. The other criminal appeal, Crl. A.[J] no. 26 of 2022 is preferred by the accused-appellant, Bapan Dutta [hereinafter referred to as ‘A-2’, for easy reference].
2. In the trial
Hanumant vs. State of Madhya Pradesh AIR 1952 SC 343 : 1952 SCR 1091
Tufail (Alias) Simmi vs. State of Uttar Pradesh (1969) 3 SCC 198
Ramgopal vs. State of Maharashtra (1972) 4 SCC 625 : AIR 1972 SC 656
Shivaji Sahabrao Bobade vs. State of Maharashtra (1973) 2 SCC 793 : 1973
State of Goa vs. Sanjay Thakran and another
Perumal Raja @ Perumal vs. State, Represented by Inspector of Police
Venkatesh @ Chandra and another vs. State of Karnataka
Kartik Chakrabarty and others vs. State of Assam
A.N. Venkatesh and another vs. State of Karnataka
Shahaja @ Shahajan Ismail Mohd. Shaikh vs. State of Maharashtra
Balbir Singh vs. State of Punjab
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