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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MITALI THAKURIA
Paku Karmakar S/o. Sri Etuwa Karmakar – Appellant
Versus
State Of Assam – Respondent
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| 1. arguments from appellant and prosecution. (Para 7) |
JUDGMENT :
Heard Ms. M. Barman, learned Amicus Curiae for the appellant. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State respondent.
3. The prosecution case, in brief, is that on 23.07.2014, one Shri Amar Boraik lodged an ejahar before the In-Charge, Talap Police Out-Post alleging inter alia that on 22.07.2014, at about 11.00 a.m., his brother-in-law, Shri Paku Karmakar of Chengeli Gaon, hit his elder sister, namely, Mina Karmakar with a dao in an attempt to kill her, caused grievous hurt to her in presence of his old mother, aged about 60 years, and children and cut down one half of her hand’s thumb finger and hair. The injured was admitted to Assam Medical College Hospital, Dibrugarh. Upon receipt of the said ejahar, the police of Talap Out-Post made G.D. Entry No. 390, dated 23.07.2014, and forwarded to Officer-In-Charge of Doomdooma Police Station, which was accordingly registered as Doomdooma P.S. Case No. 398/2014, under Sections 326/307 of the Indian Penal Code , and endorsed S.I.(P) Thogish Doley to take up investigation.
5. Thereafter, on completion of investigation, the I.O. hav
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 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 testimony of injured witnesses is accorded greater evidentiary value, and the prosecution must establish guilt beyond reasonable doubt, even if minor contradictions exist.
The testimonies of injured eye witnesses and the recovery of the weapon of offence hold special evidentiary status and can be relied upon to establish guilt.
The admission of guilt by the accused, combined with corroborating testimonies from injured witnesses, sustains the conviction under relevant IPC sections despite the absence of one material witness.
The injured eye-witness testimony holds great evidentiary value and should be relied upon unless compelling reasons exist to discard it.
The court affirmed the conviction for murder and grievous hurt, emphasizing the reliability of eyewitness testimony and medical evidence in establishing guilt.
The court reaffirmed that for a conviction under Section 325 IPC, the prosecution must strictly prove the nature of injuries as defined in Section 320 IPC.
The testimony of an injured witness is accorded a special status in law, and the absence of motive does not weaken the case if there is clear and unambiguous direct evidence.
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