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ARUN DEV CHOUDHURY
Aftab Uddin Barlaskar @ Aptai S/o Late Arob Ali Barlaskar – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
ARUN DEV CHOUDHURY, J.
1. Heard Mr. I.H. Laskar, learned counsel for the petitioners. Also heard Mr. K.K. Das, learned Additional Public Prosecutor, Assam.
2. The present application is filed under Section 401 and Section 397 of the Code of Criminal Procedure, 1973 assailing judgment and order dated 12.03.2008 passed by the learned Chief Judicial Magistrate, Hailakandi in GR Case No. 377/2005 convicting the petitioners under Section 323 IPC with the aid of Section 34 IPC and sentencing them to undergo Rigorous Imprisonment for 3 months and to pay a fine of Rs. 250/- each. The further challenge is the impugned appellate judgment dated 27.05.2013 passed by the learned Sessions Judge, Hailakandi in Criminal Appeal No. 5/2008 preferred by the present petitioners, whereby the judgment and order dated 12.03.2008 passed by the learned Chief Judicial Magistrate, Hailakandi was affirmed.
3. During the pendency of this revision petition, the petitioner No. 1 died on 26.03.2014 and the petitioner No. 5 died in the year 2016. Such fact has not been disputed by the learned Additional Public Prosecutor. Accordingly, the proceeding stands abated against the petitioner Nos. 1 and 5.
4. The p
The evidentiary value of an injured witness is significant, and their testimony should not be dismissed lightly, especially when corroborated by medical evidence.
The prosecution must prove guilt beyond reasonable doubt; insufficient evidence led to the acquittal of the accused under Sections 341, 325, and 34 IPC.
The prosecution must prove its case beyond reasonable doubt; contradictions in witness statements undermine conviction.
The credibility of injured witnesses is significant and their testimonies cannot be dismissed solely due to their relationship with victims, supported by corroborative evidence.
The court upheld the conviction for causing injuries but modified the sentence to a fine, considering the elapsed time and nature of injuries.
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....
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.
Revisional jurisdiction should be exercised cautiously, limiting interference to exceptional cases only where manifest injustice or procedural errors exist, emphasizing the importance of the trial co....
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