SUSMITA PHUKAN KHAUND
Jadumani Sarkar, S/o Sri Dharmeswar Sarkar – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Heard Mr. M.U. Mahmud, learned counsel for the appellant and Mr. R.R. Kaushik, learned Additional Public Prosecutor, Assam for the respondent.
2. Jadumani Sarkar (hereinafter also referred to as the appellant) has filed this appeal challenging the judgment and order dated 06.07.2013 passed by the learned Sessions Judge, Bongaigaon in Sessions Case No. 74 (BGN)/2012 convicting the appellant under Section 324 of the Indian Penal Code, 1860 (IPC for short) and sentencing him to undergo rigorous imprisonment for two years and also to pay a fine of Rs.1000/- (Rupees One Thousand) with default clause and convicting and sentencing him under Section 448 IPC to pay a fine of Rs. 1000/-, with default clause. The period of detention of the appellant was also ordered to be set off with the custodial sentence.
3. Prosecution case in brief is that Sri Pabitra Sarkar (hereinafter also referred to as the informant) lodged an FIR with the police at Bongaigaon Police Station with allegation that his sister-in-law Mamoni Baruah used to stay in his house. On 18.09.2009 at about 8:40 PM, while she was cooking in the kitchen the appellant barged into the kitchen and attacked his sister-in-law fr
The court upheld the conviction for grievous hurt and trespass, emphasizing the consistency of witness testimonies and the nature of injuries sustained.
Prosecution must provide reliable evidence, including original injury reports, to establish guilt beyond reasonable doubt; inconsistencies and lack of corroborating evidence may lead to acquittal.
The duty of the court to assess the evidence, the principles of circumstantial evidence, and the application of relevant sections of the Indian Penal Code were the central legal points established in....
The main legal point established in the judgment is the reliance on medical evidence, witness testimonies, and the circumstances of the case to determine guilt, as well as the consideration of the na....
Although the accused had the intent to kill, yet, the assault was the out-come of a sudden quarrel, made in a heat of passion and without any premeditation
It is true that investigation of a criminal case may be faulty inasmuch as Investigating Officer may not seize the blood stained wearing apparel of victim or that he failed to send offending weapon f....
The court upheld the conviction under Section 324 IPC based on consistent eyewitness accounts, while acquitting one appellant due to evidence of his absence during the incident.
The court established that intention and knowledge are critical in determining the applicability of Sections 307 and 326 IPC in cases of grievous hurt and attempted murder.
Conviction upheld for assault; delay in FIR filing does not invalidate corroborated witness testimonies.
The non-recovery of the weapon of offence does not necessarily affect the prosecution case if there is ample unimpeachable ocular evidence and corroboration from medical evidence.
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