Back
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
N.UNNI KRISHNAN NAIR
Chandra kr. Das S/o Sri Prasanna Kumar Das – Appellant
Versus
state Of Assam – Respondent
| Table of Content |
|---|
| 1. overview of the case and charges. (Para 2 , 3) |
| 2. appellant's argument on lack of evidence. (Para 4) |
| 3. prosecution's rebuttal on the evidence presented. (Para 5) |
| 4. court's examination of trial proceedings. (Para 6 , 9) |
| 5. final decision and sentencing ordered. (Para 18 , 32) |
| 6. court's reasoning on conviction under ipc sections. (Para 20 , 22 , 24) |
| 7. rejection of appeal arguments. (Para 27 , 30) |
JUDGMENT :
N. UNNI KRISHNAN NAIR, J.
1.Heard Mr. M U Mahmud, learned counsel for the appellant and Mr. M P Goswami, learned Additional Public Prosecutor, Assam for the State respondents.
2. The present appeal has been instituted by the appellant assailing the judgment and order dated 04.07.2013 passed by the Court of learned Assistant Sessions Judge, Bongaigaon, in Sessions Case No. 28(B)/2010, convicting and sentencing the appellant, herein, under Sections 394 /324 IPC .
3. The prosecution case in brief is that on 23.11.2006, the informant, Subash Das lodged an FIR before the Officer-in-Charge, Bijni Police Station, alleging, inter-alia, therein that on 22.11.2006 at about 5:00 PM, the accused persons, Chandra Das (appellant, herein), Dipen Karmakar and Jitu Sutradhar had hired
The identification of the appellant as the assailant and the established nature of injuries confirm convictions under Sections 394 and 324 IPC despite acquittal of attempted murder.
The court upheld the conviction under Section 324 IPC based on consistent eyewitness accounts, while acquitting one appellant due to evidence of his absence during the incident.
The prosecution must prove the accused's guilt beyond reasonable doubt, and contradictions in the evidence can raise doubts about the case.
To sustain a conviction under Section 307 IPC, the prosecution must prove intent or knowledge to endanger life, which was not established in this case, resulting in an altered conviction to Section 3....
The court upheld the conviction for attempted murder but granted probation instead of imprisonment, emphasizing rehabilitation over punishment due to the appellant's age and reformation.
The reliability and credibility of eyewitness testimony, the significance of absconding as incriminating evidence, and the application of legal provisions under Section 302 and Section 304 Part II of....
The prosecution must prove guilt beyond reasonable doubt, and failure to do so, due to contradictions and lack of corroboration, cannot sustain a conviction.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
