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2023 Supreme(Online)(MEGH) 429

HIGH COURT OF MEGHALAYA
W. Diengdoh, J
Shri. Kadar N. Marak – Appellant
Versus
State of Meghalaya – Respondent


Advocates:
For the Appellants/Petitioners: Mr. S. Deb, Adv.
For the Respondents: Mr. R. Gurung, GA with Ms. S. Shyam, GA

Table of Content
1. facts leading to the appeal and initial fir details. (Para 1 , 2 , 3 , 4 , 6)
2. arguments and evidence presented by both sides. (Para 7 , 10 , 20 , 22)
3. observations on evidence quality and reliability. (Para 12 , 30 , 33)
4. final decision to quash the conviction. (Para 36 , 37)

JUDGMENT

1. The uncontroverted facts of the case leading to the filing of this criminal appeal under Section 374 Cr.PC wherein, the impugned Judgment and Order dated 07.11.2017 passed by the learned Sessions Judge, East Garo Hills, District, Williamnagar in Sessions Case No. 14/2009 was assailed goes in this manner:

2. That on 06.01.2009, Shri. Kalnesh Sangma proceeded to Songsak village along with his wife to collect C.I. Sheet subsidy as provided under the MLA Scheme, from the residence of the local MLA. On reaching Songsak bazar, he instructed his wife to wait for him at the bazar while he proceeded towards the house of the MLA. It appears that he did not come to fetch his wife from the bazar and had proceeded home on his own. The next day, he came to look for her and was informed that she was at the residence of Libing Sangma and his wife. On reaching home, his wife narrated to him th

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