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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
KAUSHIK GOSWAMI
Tapan Deb S/o Late Gopal Deb – Appellant
Versus
Sandhya Chaudhury W/o Late Sunil Chaudhury – Respondent
| Table of Content |
|---|
| 1. accused convicted of ipc sections 448 and 325 (Para 2 , 3 , 4 , 5 , 6) |
| 2. dispute on evidence appreciation and contradicting testimonies (Para 7 , 8 , 9) |
| 3. revisional jurisdiction and sufficiency of evidence (Para 10 , 11 , 12 , 13 , 14) |
| 4. affirmation of conviction and sentence (Para 15 , 16) |
| 5. order for the accused to serve remaining sentence (Para 17 , 18) |
JUDGMENT :
KAUSHIK GOSWAMI, J.
1. Heard Ms. S. Mushahary, learned counsel appearing for the petitioner. Also heard Mr. P.P. Dutta, learned counsel appearing for the respondent No. 1 and Mr. M.P. Goswami, learned Additional Public Prosecutor appearing for the State respondent.
2. The present criminal revision petition is filed under Section 397 & 401 read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the “Cr.P.C.”) challenging the judgment & order dated 10.11.2014 passed by the learned Court of Addl. Sessions Judge (FTC), Dibrugarh (hereinafter referred to as the “appellate court”), in Criminal Appeal No. 7 (1) of 2014, affirming the conviction of the accused/petitioner passed by the learned Court of Chief Judicial Magistrate, Dibrugarh (hereinafter referred to as the “trial c
The Court upheld the conviction and sentence under IPC Sections 448 and 325, affirming the sufficiency of evidence while reiterating the limits of revisional jurisdiction to prevent reappraisal of fa....
Prosecution must prove its case beyond reasonable doubt, and prior enmity does not inherently ensure evidence reliability.
The main legal point established in the judgment is the reliance on consistent and trustworthy evidence, along with circumstantial support, to establish the guilt of the accused under the relevant se....
The main legal point established in the judgment is the court's reliance on witness testimonies, consideration of defense evidence, and rejection of the plea of false implication in upholding the con....
Credible evidence of injured witnesses combined with medical corroboration can sustain a conviction despite inconsistencies in defense claims.
The non-recovery of the weapon of offence does not necessarily affect the prosecution case if there is ample unimpeachable ocular evidence and corroboration from medical evidence.
Revisional jurisdiction under CrPC 397 limited to patent defects/perversity; cannot re-appreciate evidence or disturb concurrent convictions based on credible testimony despite minor discrepancies or....
The court upheld the conviction under Section 325 IPC, affirming the findings of trial and appellate courts due to corroborative testimony and medical evidence, with limited grounds for revisional in....
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