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2026 Supreme(Gau) 1011

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

Advocates Appeared:
For the Appellants : L.R. Mazumder, A. Islam

Corroborated eyewitness testimony remains sufficient for criminal conviction, regardless of kinship between witnesses and victims. Minor procedural delays in lodging initial reports do not invalidate the prosecution's case when the evidence against the accused is demonstrated to be consistent, cogent, and supported by medical findings.

Headnote:(A) Indian Penal Code, 1860 - Sections 302, 307 and 326 - Murder, attempt to murder, and voluntarily causing grievous hurt - Witness credibility - Mere relationship between witness and victim does not invalidate testimony; trial court must assess cogency and reliability of evidence - Evidence of related witnesses remains admissible when it is consistent and credible. (Paras 49-50)

(B) Criminal Procedure - First Information Report - Delay in filing - Delay in registration of report does not inherently vitiate the prosecution case if information provided is not vague and is adequately supported by subsequent ocular and medical evidence. (Paras 44, 48, 53)

Facts of the case:
The convict-appellant was found guilty of murdering one individual and causing grievous physical injury to another using a sharp-edged cutting weapon. The prosecution relied upon the testimonies of two eyewitnesses who observed the events from a close proximity. The defense contended that the FIR was delayed, that witnesses were unreliable due to familial relations with the victims, and that forensic evidence lacked a definitive link to the weapon used in the crime.

Findings of Court:
The court held that the testimonies of the identified eyewitnesses were unshaken during cross-examination and were corroborated by medical evidence regarding the specific nature of the wounds. The medical experts confirmed that the injuries were consistent with the sharp-edged weapon described by witnesses. The court found that the prosecution successfully established the chain of events leading to the death and injuries, and that the minor delay in filing the formal report did not impact the credibility of the sustained prosecution case.

Issues: The main issues addressed were the reliability of eyewitness testimony from family members, the necessity of medical corroboration for ocular evidence, and whether procedural delays in official reporting invalidate a conviction.

Ratio Decidendi: Ocular evidence that is cogent, unshaken, and supported by medical findings is sufficient for conviction, even if the reporting process encountered procedural delays. The court emphasized that in the absence of evidence suggesting false implication, testimony from related witnesses is acceptable provided it demonstrates inherent consistency and corroboration by independent forensic data.

Result: Conviction upheld; appeal dismissed with a minor modification in the imposed fines.

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

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