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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MITALI THAKURIA, J
Dhananjoy Ray @ Dhano Ray S/O Late Nagendra Nath Ray – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
MITALI THAKURIA, J.
Heard Mr. S. Borthakur, learned counsel for the appellant. Also heard Mr.R. J. Baruah, learned Additional Public Prosecutor for the State respondent No. 1 and Mr. A. T. Sarkar, learned counsel for the respondent No. 2.
2. This is an appeal under Section 374/389 of the Code of Criminal Procedure, 1973 against the judgment and order dated 16.07.2021, passed by the learned Sessions Judge, Dhubri in Sessions Case No. 11/2019, under Sections 457/326/307 of the Indian Penal Code, corresponding to PRC No. 750/2018 (GR No. 4997/2017) and Dhubri P.S. Case No. 1437/2017, whereby the appellant has been sentenced to suffer R.I. for 7 (seven) years and to pay fine of Rs. 50,000/- (Rupees fifty thousand) only, in default of payment of fine, R.I. for 1 (one) year of the offence under Section 326 of the Indian Penal Code and also to suffer R.I. for 5 (five) years and to pay fine of Rs. 25,000/- (Rupees twenty five thousand) only, in default of payment of fine, R.I. for 1 (one) year for the offence under Section 457 of the Indian Penal Code and further directed that both the sentences to be run concurrently.
3. The prosecution case, in brief, is that on 06.12.2017, one Sh
The testimony of injured witnesses is accorded greater evidentiary value, and the prosecution must establish guilt beyond reasonable doubt, even if minor contradictions exist.
The testimony of injured witnesses holds significant evidentiary value, and their accounts should not be dismissed without compelling reasons, especially when corroborated by medical evidence.
The prosecution must prove its case beyond reasonable doubt, and discrepancies in witness testimonies and non-examination of the Investigator can lead to acquittal.
The evidence of an injured witness is accorded special status in law, and their testimony is generally reliable unless substantial contradictions are present. The court emphasized the importance of e....
The court affirmed the conviction for murder and grievous hurt, emphasizing the reliability of eyewitness testimony and medical evidence in establishing guilt.
Presence of an injured eye-witness at time and place of occurrence cannot be doubted unless there are material contradictions in his deposition.
Failure on the part of the prosecution to explain or disclose the genesis of the offence is also an additional factor which renders the prosecution story a bit doubtful.
A conviction cannot be upheld if the prosecution fails to establish the identity of the accused beyond a reasonable doubt, compounded by unreliable testimonies and contradictory medical evidence.
Point of Law : Any outsider or stranger committing a crime of murder, in which event, identification of assailant becomes very critical and crucial but in light of evidences as brought on record, ide....
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