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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, PRANJAL DAS
Md. Taher Ali Udalguri, Assam – Appellant
Versus
State Of Assam, Rep. By Pp, Assam – Respondent
| Table of Content |
|---|
| 1. procedural background and trial history summary. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. conflicting stances on the strength of circumstantial evidence. (Para 7 , 8) |
| 3. analysis of evidentiary gaps and witness credibility. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37) |
| 4. application of circumstantial evidence standards resulting in acquittal. (Para 38 , 39 , 40 , 41) |
| 5. appellate order setting aside conviction and granting liberty. (Para 42 , 43 , 44) |
Judgment :
Pranjal Das, J.
Heard Mr. B. Talukdar, learned Amicus Curiae for the appellant. Ms. B. Bhuyan, learned Senior Advocate and Additional Public Prosecutor, Assam assisted by Ms. J. Saikia.
2. The instant criminal appeal has been preferred from jail by the convict appellant Md. Taher Ali against the judgment and order dated 30.09.2021, passed by the learned Sessions Judge, Udalguri, whereby the appellant as accused was convicted under section 302 IPC and sentenced to undergo imprisonment for life and pay a fine of Rs. 5000/-, in default to undergo SI for 6(six) months. He was given the benefit of set off.
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