Kadar N. Marak vs State of Meghalaya

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Megh) 3

W. DIENGDOH
Kadar N. Marak – Appellant
Versus
State of Meghalaya – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. S. Deb, Adv.
For the Respondent: Mr. R. Gurung, GA with Ms. S. Shyam, GA

Table of Content
1. overview of the incident and fir. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. critique of investigation and witness credibility. (Para 7 , 10 , 11 , 18 , 19)
3. witness testimonies regarding the incident. (Para 8 , 9 , 12 , 14)
4. inconsistencies in victim's statements. (Para 24 , 25 , 26)
5. issues with dying declaration and evidence. (Para 28 , 29 , 30 , 31)
6. standard for conviction based on victim testimony. (Para 33 , 34 , 35)
7. conclusion and quashing of conviction. (Para 36 , 37 , 38 , 39 , 40)

JUDGMENT :

W. DIENGDOH, J.

1. The uncontroverted facts of the case leading to the filing of this criminal appeal under Section 374 Cr.PC wherein, the impugned Judgment and Order dated 07.11.2017 passed by the learned Sessions Judge, East Garo Hills, District, Williamnagar in Sessions Case No. 14/2009 was assailed goes in this manner:

2. That on 06.01.2009, Shri. Kalnesh Sangma proceeded to Songsak village along with his wife to collect C.I. Sheet subsidy as provided under the MLA Scheme, from the residence of the local MLA. On reaching Songsak bazar, he instructed his wife to wait for him at the bazar while he proceeded towards the house of the MLA. It appears that he did not come to