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2012 Supreme(Online)(Gau) 12

GAUHATI HIGH COURT
, J
Md. Abdul Ali – Appellant
Versus
State – Respondent


Advocates:
For the Appellants/Petitioners: Mr. N. Mazumder, Mr. S. Datta
For the Respondents: Mr. R. C. Debnath

Table of Content
1. introduction of appeals and parties involved. (Para 1 , 2 , 3)
2. summary of prosecution case details. (Para 4)
3. defense arguments about witness credibility. (Para 5 , 6)
4. contradictions in witness testimonies weaken prosecution. (Para 10 , 14 , 19 , 31)
5. discussion on the status of fir and admissibility. (Para 15 , 17 , 18)
6. impact of non-examination of key witnesses. (Para 20 , 36 , 37)
7. prosecution's burden to prove beyond reasonable doubt. (Para 32 , 38)
8. acquittal based on reasonable doubt. (Para 39)

1. These appeals are directed against the judgment and order, dated 27-4-2007, passed by the learned Additional Sessions Judge, North Tripura, Dharmanagar, in S.T. 43(NT / D) of 2006, whereby and whereunder the learned Sessions Judge convicted the above - named appellants under S.302 read with S.34 of the Indian Penal Code (hereinafter referred to as "the IPC") for causing the death of Md. Halim Uddin, (hereinafter referred to as "the Victim").

2. We have heard Mr. N. Mazumder, learned counsel, appearing for the appellant in Criminal Appeal No. 63/07 and Mr. S. Datta, learned counsel, appearing for the appellant in Criminal Appeal No. 88/07. Also heard Mr.












































































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