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T. AMARNATH GOUD, ARINDAM LODH
Haradhan Sabdakar – Appellant
Versus
State of Tripura – Respondent
| Table of Content |
|---|
| 1. conviction details and procedural history. (Para 2 , 3 , 4 , 5 , 6) |
| 2. arguments against conviction. (Para 8 , 9 , 10 , 11) |
| 3. evidence supporting conviction. (Para 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42) |
| 4. affirmation of conviction and reasoning. (Para 43) |
| 5. final order dismissing appeal. (Para 44) |
JUDGMENT
T. Amarnath Goud, J. - Heard Mr. D. Biswas, learned counsel appearing for the appellant and Mr. R. Datta, learned Public Prosecutor appearing for the State of Tripura-respondent.
2. This criminal appeal under Section- 374 of the Code of Criminal Procedure is directed against the judgment and order of conviction and sentence dated 05.11.2019, passed by the learned Sessions Judge, Dhalai Judicial District, Ambassa, in Case No. S.T.(Type-1) 22 of 2018, whereby and whereunder, the appellant has been convicted to undergo imprisonment for life for committing offence under Section-302 of IPC and to pay a fine of Rs. 5,000/- [Five thousand] in default to suffer simple imprisonment for three months. Further, he has been convicted under Section-201 of the IPC to suffer rigorous imprisonment for two years with a fine of Rs. 1,000 [One thousand], with default stipulations and
The court affirmed the conviction for murder based on compelling eyewitness testimony and intent to conceal evidence, establishing the appellant's guilt beyond a reasonable doubt.
In a case based on circumstantial evidence, each circumstance must be firmly established, and the absence of motive and failure to prove the 'last seen' theory can lead to reasonable doubt, resulting....
The court confirmed that minor discrepancies in witness testimonies do not undermine the evidential basis for conviction if core facts are established beyond reasonable doubt.
Confessional statements of co-accused alone are insufficient for conviction; corroborative evidence is essential to link the accused to the crime.
The court upheld the conviction for murder based on credible eyewitness testimony and forensic evidence, affirming the trial court's findings.
Direct eyewitness testimony, if credible, suffices for conviction regardless of motive, as established in this case involving murder under Section 302 of the IPC.
The prosecution's burden is to establish guilt beyond reasonable doubt, with eyewitness testimony being critical, and discrepancies in procedural reports do not invalidate a solid case.
The prosecution must prove guilt beyond reasonable doubt, and eyewitness testimony can suffice even without recovery of the murder weapon.
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