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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MICHAEL ZOTHANKHUMA, KAUSHIK GOSWAMI
Mustt. Mirija Begum, W/o. Habibur Rahman – Appellant
Versus
Crl.A. 73 of 2022 – Respondent
JUDGMENT :
M.Zothankhuma, J.
1. Heard Mr. D.K. Bhattacharyya, learned counsel for the appellant. Also heard Ms. B. Bhuyan, learned Senior Counsel and Additional Public Prosecutor, Assam, assisted by Ms. R. Das, learned advocate for the State.
2. This is an appeal against the conviction of the appellant under Section 302 IPC , pursuant to the impugned judgment dated 27.02.2018 passed by the learned Court of the Sessions Judge, Kamrup, Amingaon in Sessions Case No.208/2014 and the sentence imposed upon the appellant to undergo rigorous imprisonment for life, with a fine of Rs.2,000/-, in default, to undergo simple imprisonment for another 2 months.
3. The appellant’s case is that while the offence of the appellant hacking the neck of the victim with a dao was alleged to have been committed on 18.05.2007, the FIR has been filed 12 days later i.e. 30.05.2007. Though the deceased had been allegedly cut in the neck with a dao by the appellant on 18.05.2007 and the deceased was taken to Hajo Primary Health Centre and then to the Guwahati Medical College & Hospital (GMCH) and had died one day after being discharged from GMCH, no report regarding the attack on the deceased by the appellant had
Delay in lodging FIR and procedural deficiencies prejudice the defense, necessitating strict evidence standards for murder charges
Delay in FIR and pre-FIR inquest not vitiating trial absent prejudice; reliable natural witness testimony, corroborated by medical/weapon evidence, suffices for murder conviction despite inconclusive....
The main legal point established in the judgment is the reliance on consistent witness testimony, post-mortem evidence, and the lack of evidence to support the appellants' claims in affirming the con....
The main legal point established is that delay in lodging the F.I.R. and discrepancies in the evidence can raise doubts about the authenticity of the prosecution case, leading to the extension of the....
The prosecution failed to prove beyond a reasonable doubt that the appellants caused the victim's death, leading to their acquittal.
The court upheld the conviction based on a credible dying declaration despite arguments concerning procedural flaws and delays in lodging the FIR, emphasizing the importance of the victim's mental al....
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