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ARUN DEV CHOUDHURY
Dipak Medhi S/O Shri Madhab Medhi – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
1. The present revision petition under Section 397 read with Sections 401 and 482 of the Code of Criminal Procedure, 1973, is filed assailing the judgment and order dated 25.08.2008 passed by the learned Sub-Divisional Judicial Magistrate (SDJM in short) (M), Pathsala in PRC Case No. 17/2008 convicting and sentencing the petitioner to undergo rigorous imprisonment (RI) for 1 (one) month and to pay a fine of Rs. 1000/- and in default of payment of fine, to further undergo simple imprisonment (SI) for 1 (one) month under Section 323 IPC and to undergo RI for 15 (fifteen) days and to pay a fine of Rs. 500/- and in default of payment of fine, to undergo SI for 15 (fifteen) days under Section 447 IPC. The further challenge is against the judgment and order dated 11.01.2013 passed by the learned Additional Sessions Judge (FTC), Barpeta in Criminal Appeal No. 17(A)/2008 whereby the conviction and sentence passed by the learned SDJM (M), Pathsala on 25.08.2008 was upheld.
2. Mr. Alam, learned counsel for the petitioner submits that both the judgments are vitiated by perversity inasmuch as the learned Courts below had failed to consider that the defence had been able to establish t
The prosecution must prove its case beyond reasonable doubt; contradictions in witness statements undermine conviction.
The conviction under Section 326 IPC was upheld based on reliable witness testimonies and corroborating medical evidence, affirming that defects in investigation do not negate the prosecution's case.
The evidentiary value of an injured witness is significant, and their testimony should not be dismissed lightly, especially when corroborated by medical evidence.
Inconsistencies in the evidence and failure to properly appreciate the material on record can lead to a manifest error of law, resulting in the acquittal of the accused.
The court established that unexplained delays in lodging FIRs and contradictions in witness testimonies can undermine the prosecution's case, necessitating careful judicial scrutiny.
The court emphasized the significance of injured witnesses' testimony in convicting and modifying sentences, reaffirming the stance that reliance on interested witnesses is acceptable if corroborated....
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