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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
NELSON SAILO, RAJESH MAZUMDAR
Md. Mainul Hoque – Appellant
Versus
State of Assam – Respondent
JUDGEMENT AND ORDER(CAV)
(Rajesh Mazumdar, J)
This appeal has been preferred assailing the judgment dated 09.05.2023, passed by the learned Sessions Judge, Nagaon, in Sessions (T-1) Case No.03(N)/2014, by which the appellant has been convicted under Section 302 IPC to undergo Rigorous Imprisonment for life and to pay a fine of Rs.10,000, in default, to suffer Simple Imprisonment for another six months. The appellant had spent 1251 days in custody till the date of judgment by the learned Trial Court.
Incidents leading to the conviction:
2. An investigation was initiated on the death of one Jamaluddin, which was reported as an unnatural death on 2.11.2012. The formal FIR was lodged by the brother of the deceased on 4.11.2012, to the effect that on 2.11.2012, at around 6:30 p.m., the two named accused had called the elder brother of the informant to settle a domestic dispute. When he went there, the accused no. 2 ordered the accused no. 1 to finish off the elder brother of the informant, whereupon the accused no. 1 struck the victim on his head with a bamboo stick, knocking him to the ground. It was stated that although the witness had taken him to the Nagoan Civil Hospital, the victim wa
The Court upheld the life imprisonment conviction under Section 302 IPC, affirming the case as murder due to the absence of sudden provocation and corroborative evidence supporting the eyewitness's t....
A conviction cannot stand when there are significant contradictions between ocular and medical evidence, raising doubts about the prosecution's case.
Mere failure of the prosecution in producing reports from the Forensic Science Laboratory relating to the weapon of offence and the blood-stained earth and clothes would not derogate from the veracit....
Murder conviction quashed for lack of proof that specific appellants inflicted fatal blow; eyewitness contradictions, medical evidence allowing death by fall, parity with acquitted co-accused, and un....
The reliability of an injured eye-witness testimony and its corroboration by medical evidence are crucial in establishing guilt beyond reasonable doubt.
When evidence of eye-witnesses are not trust worthy to believe, then motive place an important role to prove guilt of accused.
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