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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
| Table of Content |
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| 1. arguments from appellant and prosecution. (Para 7) |
JUDGMENT :
MITALI THAKURIA, J.
Heard Ms. M. Barman, learned Amicus Curiae for the appellant. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State respondent.
2. This jail appeal, under Section 374 (2) of the Code of Criminal Procedure , 1973, is preferred against the judgment & order dated 19.03.2021, passed by the learned Sessions Judge, Tinsukia in Sessions Case No. 51(T)/2018, under Sections 326/307 of the Indian Penal Code , whereby the appellant has been sentenced to undergo Rigorous Imprisonment for 10 (ten) years and to pay fine of Rs. 2,000/- (Rupees two thousand) only, in default to suffer further simple imprisonment for 3 (three) months for the offence under Section 307 of the Indian Penal Code and also sentenced to undergo Rigorous Imprisonment for 10 (ten) years with a fine of Rs. 3,000/- (Rupees three thousand) only, in default to undergo further imprisonment for 6 (six) months for the offence under Section 326 of the Indian Penal Code .
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 allegi
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.
The court clarified that for a conviction under section 307 IPC, there must be clear evidence of intent to kill, which was not established in this case.
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