THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SHAMIMA JAHAN
Aklima Begum, D/o. LT. Kalachand – Appellant
Versus
State Of Assam, Rep. By The PP, Assam – Respondent
| Table of Content |
|---|
| 1. hearing both petitions together. (Para 1 , 2) |
| 2. factual basis for criminal charges against petitioners. (Para 4 , 5 , 17) |
| 3. arguments from both sides regarding the evidence. (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 4. court's consideration of statements and discrepancies. (Para 12 , 13 , 14 , 15 , 16) |
| 5. interpretation of specific legal provisions. (Para 18 , 19 , 20 , 21) |
| 6. quashing of f.i.r.s and the court's conclusions. (Para 22 , 23 , 24 , 25 , 26 , 27) |
JUDGMENT :
SHAMIMA JAHAN, J.
Both Criminal Petition No.231/2024 and Criminal Petition No.222/2024 were heard analogously and are taken up together for disposal by this common judgment and order since both these petitions raises common questions of law and arises out of the same set of facts.
2. Heard Mrs. S.B. Choudhury, learned counsel for the petitioners in both the petitions and Mr. K. K. Das and Mr. J. Chutia, learned Additional Public Prosecutors, Assam for the State/respondent No.1. Also heard Mrs. S. Khataniar, learned Legal Aid Counsel representing the respondent No.2 in both the petitions.
3. For the sake convenience, the facts of the case leading to filing of Criminal Petition No.231/2024 may briefly be discussed as
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.