IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, PRANJAL DAS, JJ.
Zakir Hussain Laskar @ Jakoi S/o Late Islam Uddin Laskar – Appellant
Versus
The State of Assam and Another – Respondents
Crl. Appeal No. 44 of 2024
Decided On : 25-03-2026
| Table of Content |
|---|
| 1. overview of case history, criminal charges, and factual prosecution case. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments concerning witness discrepancies, fir delays, and evidence reliability. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 3. assessment of eyewitness credibility and presence at the crime scene. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 39 , 40 , 41) |
| 4. medical evidence corroboration with physical injuries and ocular testimony. (Para 26 , 27 , 28 , 29 , 30 , 31) |
| 5. admissibility and evidentiary value of material object seizures. (Para 35 , 36 , 37 , 38) |
| 6. application of legal precedents regarding fir registration and witness relationships. (Para 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53) |
| 7. final conviction, affirmation of charges, and modification of fine sentencing. (Para 54 , 55 , 56 , 57 , 58 , 59 , 60 , 61 , 62 , 63) |
JUDGMENT :
PRANJAL DAS, J.
1. Heard Mr. L.R. Mazumder, learned counsel appearing for the appellant. Also heard Ms. B. Bhuyan, learned Addl. P.P. appearing for the State respondents assisted by Ms. R. Saloi.
2. The instant criminal appeal has been preferred by the convict appellant, Zakir Hussain Laskar @ Jakoi, against the judgment dated 04.01.2024 and order of sentence dated 06.01.2024, passed by the learned Sessions Judge, Hailakandi in Sessions Case No. 02/2017, convicting the appellant under section 302/307/326 IPC and sentencing him to undergo imprisonment for life, along with fine of Rs.20,000/-, in default R.I for one year, for his conviction under section 302 ; rigorous imprisonment for 10 years and fine of Rs. 10,000/- in default R.I for 6 months, for his conviction under section 307 ; rigorous imprisonment for 5 years and fine of Rs. 5000/-, in default R.I for 3 months, for his conviction under Section 326 . The sentences were directed to run concurrently.
3. The prosecution case in brief is that informant Aklima Begum Laskar lodged an ejahar on 26-07-2015 at the Lala police station in the district of Hailakandi with the allegation that on that day at around 5.00 p.m., her husband Alimuddin Laskar and brother-in-law Islamuddin Laskar were standing by the roadside in front of the pharmacy of Altaf Hussain and were having a discussion, whereupon the convict appellant came on a motorcycle and parked the same near her husband.
4. It is further alleged that thereupon, the appellant took out a long- handled Dao and suddenly attacked her husband and gave repeated blows on him as a result of which, her husband fell down on the ground and succumbed to the injuries. It is further alleged that her brother-in-law, in order to save himself, entered the pharmacy, but the appellant chased him, entered the pharmacy and assaulted her brother-in-law, who was the father of the accused, causing serious injuries on him. It is alleged that thereafter, the accused came out of the pharmacy and fled away by riding his motorcycle and that at the time of lodging of the FIR, her brother-in-law was undergoing treatment at SMCH, Silchar in a serious condition.
5. On the basis of the information, GDE No.625 dated 26-07-2015 was made and S.I H.H. Laskar was endorsed to take the preliminary steps. Subsequently, on receipt of a formal FIR, Lala PS Case No. 367 of 2015 was registered under Section 307/302 IPC and SI H.H. Laskar was endorsed to investigate the case.
6. Upon completion of investigation and finding sufficient materials, the IO submitted charge sheet against the convict appellant under Section 307/302 IPC. Thereafter, upon completion of the usual formalities, vide order dated 21-01-2017, charges were framed against the appellant under Section 326/307/302 . The charges, upon being explained and read over to him, were denied by the appellant, whereupon the trial started.
7. During the trial, the prosecution examined 18 witnesses. After completion of prosecution evidence, the appellant was examined under Section 313 Cr.P.C. The defense did not adduce any evidence.
8. Mr. L.R. Majumdar, the lea
The appellate court emphasized that eyewitness accounts must be given due weight, and mere flaws in investigation do not automatically discount credible testimonies in murder trials.
Direct eyewitness testimony can establish guilt in murder cases, supported by physical evidence, where minor discrepancies do not diminish credibility.
The Court affirmed that the testimony of an injured eyewitness possesses significant evidentiary weight, and the premeditated nature of the attack ruled out claims of sudden provocation, justifying t....
Discrepancies in eyewitness accounts undermined the prosecution's case, leading to the acquittal of the accused due to reasonable doubt of their involvement in the crime.
A conviction cannot stand when there are significant contradictions between ocular and medical evidence, raising doubts about the prosecution's case.
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