Aklas Uddin Choudhury vs State of Meghalaya

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Megh) 35

IN THE HIGH COURT OF MEGHALAYA AT SHILLONG
SANJIB BANERJEE, C.J., W. DIENGDOH, J.
Aklas Uddin Choudhury –Appellant
Versus
State of Meghalaya – Respondents
Crl.A.No.28/2022 with Crl.M.C.No.66/2022
Decided on : 03-05-2023

Advocates:
Advocate Appeared:
For the Appellant : Mr. N.I. Choudhury, Adv with Md. I.A. Mansuri, Adv
For the Respondent: Mr. B. Bhattacharjee, AAG with Mr. S. Sengupta, Addl.PP, Ms. R. Colney, GA

Headnote:(A) Code of Criminal Procedure, 1973 - Section 164 - Penal Code, 1860 - Sections 307, 326, and 386 - Conviction based on victim's statement - Conviction upheld despite lack of eyewitnesses - The appellant contended that conviction relied solely on the victim's uncorroborated testimony, yet the trial court found credible evidence to support the conviction, emphasizing that the investigation was inadequate but corroborated by medical records and victim's conditions. (Paras 1, 23).

(B) Evidence - Standard for conviction - The principle that conviction can be based on the testimony of a sole witness is affirmed if the circumstances warrant it, as was the case with the victim's vivid description and supported by medical evidence. (Paras 21, 25).

Facts of the case:
The incident occurred on January 11, 2014, where the victim was grievously injured by the appellant near a petrol pump. Witnesses included the victim, who named the appellant as the assailant, and others who corroborated the victim’s account, despite the prosecution's poor investigation quality.

Findings of Court:
The trial court's finding that enough material existed to convict the appellant was upheld, and the nature of injuries indicated the seriousness of the assault.

Issues: The primary issue was whether a conviction can stand on the victim's uncorroborated statement, alongside the quality of the investigation.

Ratio Decidendi: The court affirmed that the credibility of testimony, especially when reinforced by medical evidence, supports a conviction despite the lack of additional corroborative evidence.

Result: Appeal dismissed.

Table of Content
1. victim's account of the incident and injuries. (Para 2 , 3 , 4 , 5 , 6)
2. witness accounts and corroboration of the victim’s account. (Para 7 , 8 , 9 , 10)
3. critiques on investigation and corroboration challenges. (Para 11 , 12 , 13 , 14)
4. appellant's failure to prove motive or undermine prosecution's case. (Para 15 , 16 , 17)
5. appellant's assertions during examination and their implications. (Para 18 , 19)
6. distinguishing past judgments from current case's evidence. (Para 20 , 21 , 22)
7. affirmation of trial court’s finding and sentence. (Para 23 , 24 , 25 , 26)
8. conclusion of dismissal and directive for judgment copy. (Para 27 , 28 , 29)

JUDGMENT :

SANJIB BANERJEE, C.J.

The only ground urged on behalf of the appellant in this case is that there was no witness to the incident and it was only the unilateral statement of the victim on which the appellant has been convicted.

2. The incident was of January 11, 2014. The complaint was filed with the Jowai Police Station on January 18, 2014 by a brother of a victim. Such brother claimed that he had been informed by the victim brother that it was the appellant who had grievously injured the victim in an incident that took place near a petrol pump at NH 44 around the 8th mile close to Lad Rymbai. As to the delay in lodging the first information report, the de facto complainant indicated that since the victim was struggling for his life and continued to be in a precarious condition, the de facto complainant had not found it convenient to lodge the complaint earlier and the complaint was lodged immediately upon the victim first taking some food after suffering the life-threatening injuries.

3. A statement of the victim was recorded under Section 164 of the Code of Criminal Procedure, 1973 by a Judicial Magistrate. In course of such statement, which was substantially corroborated by the victim’s deposition at the trial, the victim indicated the relevant truck number wherein he suffered his injuries. The number of the vehicle matched with the registration number disclosed by the de facto complainant in the FIR.

4. According to the victim his truck was loaded with coal in the morning of January 11, 2014 but the driver made some excuse to leave the truck and returned much later. It was in the late afternoon that the driver returned and after proceeding to drive the truck some distance, the driver warned the victim that there was checking of vehicles going on at the nearby check-post and the truck ought to wait before proceeding any further. It is obvious that the truck in this case was ferrying illegally mined coal as Lad Rymbai is famous for such illegal cottage industry in the State despite orders of the National Green Tribunal and the Supreme Court prohibiting any form of coal mining otherwise than in accordance with the provisions of the Mines and Minerals (Development and Regulation) Act, 1957.

5. The victim went on to say that since the driver and the helper did not return for quite some time, the victim finished his dinner and after returning to the truck found that the helper and driver had arrived. It was then the turn of the driver and helper to go for dinner and the victim claimed that since it was cold he pulled a blanket over himself and fell asleep inside the truck. According to the victim, he was awoken upon the two doors of the driver’s cabin of the truck being suddenly opened and two persons each standing on either side of the truck. The victim claimed that he could not recognise the three other persons, but clearly recognised the appellant herein who had climbed on to the truck and had threatened to assault and, thereafter, assaulted the victim. The victim claimed that he kicked at the other persons and held them at bay but he could not avoid the vicious jabs of the kukri that the appellant herein brandished and felt that his intestines had come out. In course of the tussle, the victim fell out of the truck and, even while holding his stomach to stop th