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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
KAUSHIK GOSWAMI
Kartik Das S/o Shri Rajen Das – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. incident details and procedural background. (Para 3 , 4 , 5) |
| 2. defense arguments against conviction. (Para 6 , 7) |
| 3. assessment of witness credibility. (Para 16 , 17) |
| 4. limitations of revisional jurisdiction. (Para 18 , 19) |
| 5. final ruling on the revision petition. (Para 20) |
JUDGMENT :
KAUSHIK GOSWAMI, J.
1. Heard Mr. D. Talukdar, learned counsel appearing for the petitioner. Also heard Ms. A. Begum, learned Additional Public Prosecutor, Assam appearing for the State respondent.
2. By way of this petition under Section 401 read with Section 397 of the Code of Criminal Procedure, 1973, the accused/petitioner is challenging the judgment and order dated 05.05.2010 passed by the learned Chief Judicial Magistrate, Kamrup, Guwahati whereby the accused/petitioner was convicted under Section 325 of the Indian Penal Code and sentenced to undergo simple imprisonment for a period of six months and a fine of Rs.5000/- in default, to suffer simple imprisonment for another two months in G.R. Case No.3108/2008 and the judgment and order dated 15.09.2012 passed by the learned Additional Sessions Judge, Kamrup, Guwahati in Criminal Appeal No.32/2010 whereby the appeal filed by the ac
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....
Probation of Offenders Act can be invoked for less serious offenses after long delays in sentencing.
The main legal point established in the judgment is that the accused's actions constituted an offence under Section 326 of IPC, and the evidence presented by the prosecution was sufficient to prove t....
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....
Conviction under Section 326 IPC affirmed where evidence substantiates grievous injury caused by accused's actions despite inconsistencies in testimonies.
The main legal point established in the judgment is that the deliberate and merciless nature of an assault, as evidenced by consistent and corroborative witness testimony, can lead to conviction unde....
Grievous hurt under S.326 IPC upheld; lack of provocation negates claims for lesser charges.
The reliability of the testimonies of the injured witness and the investigating officer, the absence of major contradictions and discrepancies in the evidence, and the special status accorded to the ....
The prosecution failed to demonstrate the requisite intent for attempted murder under Section 307 IPC, leading to its dismissal, while affirming conviction for grievous hurt under Section 325 IPC.
The court emphasized the special status of injured witnesses and affirmed the need for corroboration in cases involving motive from disputes.
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