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T. AMARNATH GOUD, ARINDAM LODH
Martuja Uddin Choudhury – Appellant
Versus
State of Tripura – Respondent
JUDGMENT
T. Amarnath Goud, J. - Heard Mr. D.K. Deb, learned counsel appearing for the appellants and Mr. R. Datta, learned Public Prosecutor appearing for the State of Tripura-respondent.
2. This criminal appeal under Section-374(2) of the Code of Criminal Procedure is directed against the judgment and order of conviction and sentence dated 16.11.2019 & 18.11.2019 respectively, passed by the learned Sessions Judge, North Tripura, Dharmanagar, in Case No. S.T.(Type-1) 25 of 2015, whereby and whereunder, the appellants have been convicted to undergo imprisonment for life for committing offence under Section-302 of IPC read with Section-34 of IPC and to pay a fine of Rs. 10,000/- [ten thousand] each.
3. The prosecution story, in brief, is that on 14.09.2014, one Mst. Anowara Begam (PW-5) wife of late Ala Uddin of Baghan, P.S. Bazaricherra, District-Karimganj, Assam lodged an ejahar with the Officer-in-Charge of Churaibari police station to the effect that on 13.09.2014 at about 2100 hours, her son, Amirul Islam went out form home riding on his motor bike to go to Kadamtala, but, while he reached at Baghan village in front of the house of accused Mortuja Ahmed Choudhury, the accused-appel
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 prosecution must establish guilt beyond reasonable doubt, and serious contradictions in witness testimonies can lead to the overturning of convictions.
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 court confirmed that minor discrepancies in witness testimonies do not undermine the evidential basis for conviction if core facts are established beyond reasonable doubt.
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 failed to prove guilt beyond a reasonable doubt, highlighting the essential legal principle that mere suspicion cannot sustain a conviction.
The court modified the conviction from murder under Section 302 to culpable homicide not amounting to murder under Section 304 Part II, establishing the accused's knowledge that his actions were like....
The assembly of individuals armed with deadly weapons, with a common intent to commit violence, constitutes an unlawful assembly under IPC, leading to vicarious liability for all members.
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