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2011 Supreme(Online)(Gau) 13

GAUHATI HIGH COURT
, J
Jitendra Malakar v. State of Tripura


Advocates:
For the Appellant: Ms. N. Guha
For the Respondent: Mr. R. C. Debnath

Table of Content
1. trial court's conviction and acquittal of co-accused. (Para 1 , 3 , 4)
2. challenge to identification and fir delay highlighted. (Para 5 , 6 , 9)
3. court's observations on evidentiary matters and identification. (Para 8 , 10 , 11 , 12 , 13)
4. legal principles regarding common intention and evidential standards discussed. (Para 14 , 16 , 17)
5. final conclusion leading to acquittal. (Para 22 , 23 , 24)

1. Accused revision - petitioner was put on trial for commission of offence under S.326, IPC read with S.34, together with three other co - accused. On conclusion of the trial before learned Judicial Magistrate, 1st Class, Kailashahar, the petitioner together with other co - accused were convicted under S.326, read with S.34 and sentenced to suffer R.I. for 3 years and to pay a fine of Rs. 5,000/- in default payment of fine to suffer S.I. for 6 months. The aforesaid judgment of the trial Court was carried on appeal before the learned Additional Sessions Judge, North Tripura, Kailashahar whereby the appellate Court acquitted all the co - accused except the petitioner and maintained the conviction and sentence imposed on the petitioner by the Trial Court.

2. I hav































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