Back
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
ASHUTOSH KUMAR, ARUN DEV CHOUDHURY
National Investigation Agency (NIA) – Appellant
Versus
Bishnu Narzary – Respondent
JUDGMENT :
ARUN DEV CHOUDHURY, J.
1. The Death Sentence Ref. No. 5/2018, Crl. A. No. 342/2018, Crl. A. No. 358/2018, Crl. A. No. 93/2019 and Crl. A. No. 171/2019, have been heard together and are being disposed of by this Common Judgment and Order.
2. We have heard Mr K. Gogoi, learned Public Prosecutor, Assam, assisted by Mr. R. R. Kaushik, learned Additional Public Prosecutor, Assam, for the State in Death Sentence Ref. No. 5/2018 and Mr. A. K. Bhattacharyya, learned Senior Advocate, assisted by Mr D. K. Bhattacharya, learned Advocate for the appellants in Crl. A. No. 342/2018, Crl. A. No. 358/2018, Crl. A. No. 93/2019 and Crl. A. No. 171/2019. We have also heard Mr K. Agrawal, Learned Amicus Curiae.
3. By the impugned judgment dated 29.08.2018 and Order of sentence dated 15.09.2018 passed by the learned Special Judge, NIA, Assam, Guwahati in Special NIA Case No. 04/2015, the accused/appellants were convicted and sentence in the following manner:-
4. The prosecution case in a nutshell is that on 23.12.2014, the villagers of Santipur and Hatijuli area under Dhekiajuli Police Station were attacked by the cadre of the extremist group of NDFB(S). The incident of firing took place between
The court found that the prosecution failed to prove the involvement of the accused beyond a reasonable doubt due to inadequate procedural adherence and unreliable evidence.
Prosecution must establish agreement and actions for conspiracy, which can be proved via circumstantial evidence; minor investigative flaws do not negate reliable witness testimony.
Convictions for conspiracy and robbery under specific IPC sections were challenged due to unreliable evidence and identified inconsistencies.
In view of Section 10 of the Evidence Act anything said, done or written by those who enlist their support to the object of conspiracy and those who join later or make their exit before completion of....
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
