Indian Penal Code, 1860 – Section 304 – Part 1, 324 – Culpable Homicide – Benefit of doubt – Appeal against conviction – Appreciation of evidence – Held: We have seen herein before that there are material contradiction in the testimony of main prosecution witnesses, namely, PW-1, PW-5 and PW-6 which renders their testimony unreliable. Moreover, in the instant case, the injuries sustained by the present appellant were serious in nature which required immediate surgical intervention and hospitalization of appellant for about thirteen days. As, during trial, the prosecution side has failed to explain the serious injuries sustained by the appellant at the time of occurrence, which only leads to the inference that the said prosecution witnesses, namely, PW-1, PW-5 and PW-6 have suppressed the genesis of the offence and have not presented the true version during trial making their testimony unreliable of any credence. The conviction of present appellant merely on the basis of assumption is not sustainable and he is entitled to get benefit of doubt under the facts and circumstances of this case. Conviction set aside. (Para 53, 56)
GAUHATI HIGH COURT
2023 STPL(Web) 72 Gauhati
[GAHC010107622011]
Dipen Rajkonwar Vs. State Of Assam
Crl.A. 133 of 2011-Decided on 30-8-2023
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