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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KAUSHIK GOSWAMI
Sarathi Bala Barman and Anr. W/o Sri Rameswar Barman – Appellant
Versus
State Of Assam – Respondent
JUDGMENT & ORDER :
KAUSHIK GOSWAMI, J.
Heard Mr. N. Sarkar, learned counsel for the accused/petitioners. Also heard Mr. B. Sarma, learned Addl. Public Prosecutor for the State respondent.
2. This petition is filed under Section 397 of the CrPC, 1973 read with Section 401 and Section 482 of the CrPC seeking setting aside and quashing of the impugned Judgment and Order dated 20.07.2011 passed by the learned Chief Judicial Magistrate, Bongaigaon (hereinafter referred to as the Trial Court) in GR Case No. 491/2009, whereby the accused/petitioners were convicted under Section 341/325/34 of IPC and sentenced to undergo Simple Imprisonment for one month under Section 341 IPC and Simple Imprisonment of one year and a fine of Rs. 500/- under Section 325 of IPC, in default, Simple Imprisonment for one month and the impugned Judgment and Order dated 30.08.2012 passed by the learned Addl. Sessions Judge (FTC), Bongaigaon (hereinafter referred to as the Appellate Court) in Criminal Appeal No. 25(3)/2011, whereby the Appellate Court partly modified the Judgment passed by the Trial Court by acquitting the accused/petitioners under Section 341 of IPC and reducing the sentence of imprisonment under Se
The failure to present incriminating evidence to the accused during trial vitiated the conviction, emphasizing the necessity of a fair trial under Section 313 of the CrPC.
The mandatory provision of Section 313 CrPC aims to afford the accused an opportunity to explain each and every circumstance and incriminating evidence against them, and failure to comply with this p....
Where there is perfunctory examination under Section 313 Cr.P.C., matter is capable of being remitted to trial court from the stage at which prosecution was closed.
(1) Court must ordinarily eschew material circumstances not put to accused from consideration while dealing with case of particular accused.(2) Examination of accused – Court is empowered to take hel....
Procedure for recording the statement of the accused person so as to allow him an opportunity to explain the incriminating circumstances, if any, appearing in the evidence brought on record by the pr....
Whenever a plea of non-compliance with Section 313 Cr.P.C. is raised, it is within powers of appellate court to examine and further examine the convict or counsel appearing for accused and the said a....
The conviction for murder was reversed due to insufficient evidence, lack of motive, and failure to adhere to procedural protections for the accused.
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