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