Back
T. AMARNATH GOUD, ARINDAM LODH
Khairul Hussain Choudhury – Appellant
Versus
State of Tripura – Respondent
JUDGMENT
1. Heard Mr. S. Sarkar, learned senior counsel assisted by Ms. P. Chakraborty, learned counsel appearing for the convict-appellant and Mr. Sumit Debnath, learned Addl. Public Prosecutor appearing for the State of Tripura-respondent.
2. This criminal appeal under Section- 374(2) of the Code of Criminal Procedure, 1973 is directed against the judgment and order of conviction and sentence dated 16.11.2019, passed by the learned Session's Judge, North Tripura, Dharmanagar, in connection with Case No. S.T.(T-1) 25 of 2015, whereby and whereunder, the appellant has been convicted under Section-302 read with Section-34 of IPC sentencing him to suffer Rigorous Imprisonment for life and also liable to pay a fine of Rs. 10,000/- with default stipulations.
3. The prosecution case as revealed at the trial is that, one Mst. Anowara Begam, wife of late Ala Uddin of Baghan, lodged an ejahar with the Officer-in-charge of the Churaibari Police Station to the effect that on 13.09.2014 at about 21.00 hour her son Amirul Islam went out from riding on his motor bike to go to Kadamtala but, while he reached at Baghan village in front of the house of the accused persons namely, Mortuja Ahmed Choudh
The prosecution must prove guilt beyond reasonable doubt, and failure to do so, due to contradictions and lack of corroboration, cannot sustain a conviction.
The prosecution must establish guilt beyond reasonable doubt, and serious contradictions in witness testimonies can lead to the overturning of convictions.
The conviction under sections 302 and 34 of IPC was affirmed due to overwhelming eyewitness testimony establishing participation in a group assault leading to homicide.
The main legal point established in the judgment is the requirement for reliable and consistent evidence in criminal cases, as well as the need for corroboration in material particulars by reliable t....
Point of law: There may be no difficulty in accepting or discarding the testimony of the single witness. The difficulty arises in the third category of cases. The court has to be circumspect and has ....
A reasonable doubt is not a mere possible doubt but a fair doubt based upon reasons and common sense – It must grow out of evidence in the case – When a reasonable doubt arises in a matter, benefit o....
Eyewitness testimony, even from an interested witness, can sustain a conviction if corroborated by credible evidence and circumstances.
The prosecution must prove its case beyond reasonable doubt, and reliance on related witnesses without corroboration is insufficient for conviction.
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
